No. Georgia has a statute that disqualifies a juror who objects to divorce on principle, and it applies only in divorce cases.
What the Statute Says
OCGA 19-5-9 provides that “[a] juror who has conscientious scruples as to the granting of divorces shall be incompetent to serve in divorce cases. At the request of either party, the court may question the panel concerning such scruples.”
Two different words are doing two different jobs there. The disqualification itself is mandatory – such a juror “shall be incompetent.” The questioning that would uncover it is not, because the court “may” ask.
Somebody Has to Ask
This is the practical point. Jurors are not screened for this on their own. If neither spouse requests it, the panel is never asked, and a juror who believes no marriage should ever be dissolved can end up deciding whether yours will be.
Either spouse can make the request. The statute does not reserve it to the party who filed the divorce, and it does not require any showing before the question is put.
It Is the Only Juror Rule Unique to Divorce
Apart from this one provision, jurors in a Georgia divorce are selected the same way they are in any other civil case, and challenged on the same grounds. Bias about the parties, the lawyers, or the subject matter is handled under the ordinary rules.
OCGA 19-5-9 is narrow by comparison. It reaches a specific belief – opposition to granting divorces at all – rather than an opinion about your case. Georgia’s appellate courts have not construed the section, so the statutory text is what you have to work 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!