Condonation is built around the four Georgia divorce grounds that consist of marital misconduct – adultery, desertion, cruel treatment, and intoxication.
Where Those Four Grounds Come From
OCGA 19-5-4 lists several circumstances in which no divorce shall be granted, and two of them name the grounds outright. Subsection (a)(1) reaches “[t]he adultery, desertion, cruel treatment, or intoxication complained of” where it was brought about by collusion, and (a)(2) reaches the same four where the complaining spouse consented to the conduct.
The condonation subsection, (a)(4), is worded more generally. It speaks of “the acts complained of” without naming a ground. But it sits in the same Code section as those other bars, which is why the defense is understood to belong with them.
A Ground It Does Not Reach
Georgia allows a divorce where a spouse is convicted of an offense involving moral turpitude and sentenced to two years or longer. OCGA 19-5-3(8).
In Henderson v. Henderson, 235 Ga. 236 (1975), a husband was convicted in May 1972, sentenced that July, and not actually incarcerated until January 1973. His wife kept living with him until he went in, then filed for divorce. He argued she had condoned his conduct by doing so.
The Georgia Supreme Court disagreed. “With respect to this ground of divorce, condonation has no application between the date of the conviction and sentence and the actual incarceration.”
That is a practical holding. A spouse does not have to move out the day a conviction comes down in order to keep the ground alive.
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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!