If you forgave your spouse’s misconduct and went back to living together, Georgia law can bar you from using that misconduct as your ground for divorce.
What the Statute Says
OCGA 19-5-4(a) lists four situations in which “[n]o divorce shall be granted.” Condonation is the fourth: “[t]here has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.” The other three are collusion between the spouses, the complaining spouse consenting to the conduct, and both spouses being guilty of like conduct.
What It Does to Your Case
Condonation is a complete bar, not one factor among several. The statute does not say a judge may take it into account. It says no divorce shall be granted. And the bar is aimed at “the acts complained of,” so it reaches the misconduct that was forgiven.
That is why a spouse defending a divorce action often leads with condonation. If it succeeds, the court never has to decide whether the alleged conduct happened at all.
An Example
In Hagan v. Hagan, 208 Ga. 315 (1951), a husband filed for divorce in 1948 alleging that his wife had abandoned him in 1944. In May 1950 the couple reconciled and lived together as husband and wife until they separated again that August.
The Georgia Supreme Court held that the husband’s original action for divorce, based on desertion, “was terminated by condonation and cohabitation.” The reconciliation had wiped out the very desertion he was suing on.
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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!