Once you have forgiven your spouse and resumed the marriage, Georgia does not let you take the forgiveness back simply because you change your mind.
What Releases You
Only one thing does: your spouse breaking the condition by repeating the conduct. Absent that, the forgiveness stands, and so does its effect on a divorce case you had already filed.
The Old Case Does Not Come Back
In Clance v. Clance, 219 Ga. 584 (1964), a wife sued her husband for divorce, alimony and custody on April 29, 1963. Three days later the couple reconciled and renewed cohabitation, living together until they separated again that July. In August the husband filed an answer and a cross petition seeking a divorce and custody of their child.
The Georgia Supreme Court held that the wife’s suit “terminated when they subsequently reconciled their differences and renewed cohabitation,” and that it “was not revived by the answer and cross action her husband filed.” The custody order entered afterward was a nullity.
You Have to File a New Case
Walton v. Walton, 218 Ga. 737 (1963), is to the same effect and says what to do about it. A husband sued for divorce in DeKalb County in 1961. The couple reconciled and renewed cohabitation more than once before separating for good, and the wife then answered and cross-petitioned in the 1961 case.
Her cross action “did not revive the action” her husband had filed. As the Court put it, “she should have filed a proper suit against him.”
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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!