If a Georgia judge or jury finds that both spouses are guilty of the same kind of misconduct, neither one gets a divorce.
What the Statute Says
OCGA 19-5-4(a) lists four situations in which “[n]o divorce shall be granted.” The third is the shortest of them: “Both parties are guilty of like conduct.”
There is no balancing in that sentence. It does not say the less guilty spouse wins, and it does not say the judge weighs who was worse. If both are guilty of like conduct, the divorce is refused to both.
A Verdict for Both Spouses Is Not Valid
Childs v. Childs, 223 Ga. 435 (1967), shows how strict this is. Each spouse sued the other for divorce on the ground of cruel treatment, most of the evidence relating to excessive drinking. The jury returned a verdict granting a total divorce to both parties, and the trial court entered judgment on it.
The Georgia Supreme Court reversed. If the jury believed the evidence of both parties, it reasoned, “this would be a finding that they were guilty of ‘like conduct’” and the divorce had to be refused to both. “It was thus error to charge that a divorce could be granted to both parties, and the verdict granting a divorce to both parties was not valid.”
The Georgia Supreme Court put the same point plainly in Sullivan v. Sullivan, 224 Ga. 679 (1968): “where both parties are guilty of like conduct neither is entitled to a divorce.”
Why This Still Matters
Georgia added the no-fault ground in 1973, and most divorces today are filed on it. But OCGA 19-5-4(a)(3) has never been repealed, and it still applies to any divorce sought on a fault ground.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!