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Defenses to Divorce

Legal defenses available to a spouse contesting a divorce in Georgia.

All Posts in Defenses to Divorce

August 25, 2026 Collusion

Is an Agreement Not to Contest a Divorce Void in Georgia?

Georgia once voided any agreement in which a spouse promised not to defend a divorce, but that rule was overruled in 1981.

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August 25, 2026 Collusion

Why Georgia Will Not Let Spouses Agree to a Divorce

A Georgia divorce is a matter of public concern, so the parties cannot create the grounds for one by agreement between themselves.

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August 25, 2026 Condonation

Can Condoned Misconduct Be Revived in a Georgia Divorce?

In Georgia, acts a spouse forgave come back into the case if the other spouse returns to the same conduct.

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August 25, 2026 Condonation

Can You Take Back a Condonation in Georgia?

Once a Georgia spouse has forgiven misconduct and resumed the marriage, changing your mind does not undo the forgiveness or revive the old case.

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August 25, 2026 Condonation

Condonation as a Defense to Divorce in Georgia

Georgia law bars a divorce where the complaining spouse forgave the misconduct and resumed living together.

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August 25, 2026 Condonation

Condonation in Georgia Is Conditional Forgiveness

Georgia treats a spouse's forgiveness of marital misconduct as given on an implied condition that the conduct will stop.

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August 25, 2026 Condonation

Condonation Is an Affirmative Defense in Georgia

In a Georgia divorce, condonation is something the defending spouse must raise and prove at trial on the merits.

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August 25, 2026 Condonation

Condonation Must Be Raised Before the Verdict in Georgia

In Georgia, condonation is a defense to a pending divorce action and is not a ground for setting aside a decree that has already been entered.

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August 25, 2026 Condonation

Continuous Cruel Treatment Cannot Be Condoned in Georgia

Where a Georgia divorce rests on a course of conduct that worsened over time, staying in the marriage while it went on is not condonation.

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