Defenses to Divorce
Legal defenses available to a spouse contesting a divorce in Georgia.
All Posts in Defenses to Divorce
Connivance, Condonation, and Collusion in a Georgia Divorce
Georgia's divorce code lists collusion, consent, and condonation together, and the difference between them comes down to timing and who agreed to what.
Read MoreConsent and Connivance as a Defense to Divorce in Georgia
Georgia refuses a divorce to a spouse who consented to the very misconduct they are suing over, though the courts have said little about this defense.
Read MoreDivorce for Cruel Treatment Inflicted Before a Spouse's Insanity in Georgia
You can divorce a spouse who is now mentally ill for cruelty committed before the illness began, but only those earlier acts count.
Read MoreInsanity as a Defense to Cruel Treatment in a Georgia Divorce
If you were mentally ill when the conduct happened, it cannot be cruel treatment, because a person who is insane cannot act willfully.
Read MoreInsanity as a Defense to Desertion in a Georgia Divorce
Desertion has to be willful, so a spouse who becomes mentally ill before the statutory year runs out has not deserted.
Read MoreDoes the Servicemembers Civil Relief Act Apply to Custody Cases in Georgia?
Yes. Georgia courts have applied the Act to child custody actions, and a servicemember does not have to prove that his absence would hurt his case.
Read MoreGetting a Georgia Divorce Put on Hold for Military Service
A servicemember can have a Georgia divorce case stayed for at least 90 days, but the request has to include two specific letters.
Read MoreHow Much Discretion Does a Judge Have Over a Military Stay in Georgia?
A Georgia judge has discretion over a servicemember's request to pause a case, but the ruling has to rest on evidence rather than guesswork.
Read MoreThe Servicemembers Civil Relief Act in a Georgia Divorce
The SCRA is federal law that protects people on active duty from being disadvantaged by civil litigation, and it applies to Georgia divorce cases.
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