A Georgia divorce complaint can carry more than the divorce.
Where the Rule Comes From
OCGA 19-5-8 applies the ordinary rules of civil pleading and practice to divorce, alimony, and custody actions. One of those rules is OCGA 9-11-18(a), which lets a party who is already asserting a claim “join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.”
That is how custody, equitable division, and a claim to set aside a transfer made to defeat alimony all end up in one case.
You Are Not Required to Bring Everything at Once
In Walker v. Walker, 293 Ga. App. 872 (2008), a father sued his ex-wife and others for torts he said were committed during their custody and visitation dispute. The trial court dismissed the suit, partly on the view that it improperly reached into the pending custody case. The Court of Appeals reversed, holding that “our law does not require that [a plaintiff] assert every separate claim for relief that he may have against the defendant in one single lawsuit or risk losing the claim for relief forever.” A party “will not be penalized for making a strategic decision to the contrary.”
Bringing In a Third Party Has Limits
In Shah v. Shah, 270 Ga. 649 (1999), a wife amended her divorce complaint to allege that her husband had fraudulently conveyed property to his father, added the father as a party, and won damages against him from the jury. The Georgia Supreme Court reversed the damages award. The father could be joined only “for the limited purpose of determining his relative substantive right in the property.” An independent tort claim against him “would have to be asserted against him in a separate civil action.”
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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!