OCGA 19-5-3(11) will not support a divorce unless every one of its conditions is met, and there are four groups of them.
Adjudication or Certification
The mentally ill spouse must have “been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party.”
Notice the “or.” A court adjudication is one route; two examining physicians are another.
Two Years of Confinement or Treatment
The spouse must have “been confined in an institution for the mentally ill or has been under continuous treatment for mental illness for a period of at least two years immediately preceding the commencement of the action.”
Again two routes, and this one surprises people. Confinement is not required – two years of continuous treatment satisfies the statute, so long as they run immediately before filing.
A Sworn Opinion From Two Specific Examiners
This is the demanding part. The superintendent of the institution, together with “one competent physician appointed by the court,” must after a thorough examination “make a certified statement under oath” of two things: that the spouse “evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship,” and that recovery “cannot be expected at any time during his life.”
The examiners are not of your choosing, and the opinion must be sworn.
Notice to the Guardian and the Institution
Notice must go to the guardian of the mentally ill person and to the superintendent of the institution. If there is no guardian, the court appoints a guardian ad litem. Both “shall be entitled to appear and be heard upon the issues.”
Morris v. Morris, 215 Ga. 24 (1959), held that these provisions “must be strictly complied with.”
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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!