Most Georgia divorce and post-divorce appeals start with an application to the Court of Appeals of Georgia for permission, filed within 30 days.
Why You Need Permission
Under OCGA 5-6-35(a)(2), appeals “in divorce, alimony, and other domestic relations cases” must be brought by application. That covers the final decree, later orders changing alimony or child support, and contempt rulings on alimony or child support. For a final divorce decree, Court of Appeals Rule 31(b) lets the court grant an application that “is determined to have possible merit.”
The Custody Exception Is Narrow
OCGA 5-6-34(a)(11) allows a direct appeal, without permission, from orders “in child custody cases awarding, refusing to change, or modifying child custody,” and from contempt rulings on them. So custody rulings in stand-alone custody and modification cases can be appealed directly.
A divorce case is different. In Todd v. Todd, 287 Ga. 250 (2010), a mother challenged only the custody award in her divorce decree. The Georgia Supreme Court held she still needed an application because “this is not a child custody case, but is a divorce case in which child custody is an issue.” She had filed one, so the Court heard her appeal and reversed the order moving custody to the father.
Likewise, in Onyemobi v. Onyemobi, No. A25A0570 (Ga. App. 2025), the Court of Appeals dismissed a father’s direct appeal from a temporary order giving the mother custody during their divorce, after the trial judge refused him a certificate of immediate review. Such an order needs that certificate within ten days, then an application within ten days. OCGA 5-6-34(b).
The Deadlines
- An application is due within 30 days of the order’s entry, or of a ruling on a motion for new trial. OCGA 5-6-35(d).
- If it is granted, a notice of appeal is due within ten days. OCGA 5-6-35(g).
- A direct appeal needs a notice of appeal within 30 days. OCGA 5-6-38(a).
Contact Us
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!