You cannot forgive what you do not know about, and Georgia law says so.
What the Statute Says
OCGA 19-5-4(a)(4) bars a divorce where there has been “a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.” Those last three words are the knowledge requirement, and they are easy to read past.
Because knowledge is required, moving back in with your spouse is not condonation of misconduct you had no idea about at the time. If you learn about an affair afterward, the earlier cohabitation did not forgive it.
It Must Be Clearly and Distinctly Proved
Georgia sets a high bar on proof. In Brinson v. Brinson, 201 Ga. 540 (1946), the Georgia Supreme Court held that “knowledge of the guilt” of the offending spouse “and … forgiveness, must be clearly and distinctly proved” in order to bar the action.
That is a demanding standard, and evidence falling short of it does not end the case.
An Example
In Livingston v. Livingston, 211 Ga. 420 (1955), a wife sued for divorce alleging that her husband constantly found fault, scolded, cursed and abused her, and that his treatment worsened when he had been drinking. He defended by arguing she had condoned all of it.
Applying the Brinson standard, the Georgia Supreme Court held the evidence was sufficient to sustain the jury’s finding “that the wife had not condoned the acts of cruelty of the husband.” Where the evidence conflicts, the question belongs to the jury.
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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!