An appeal usually puts a Georgia divorce judgment on hold until the appeal is decided, and that hold is called supersedeas.
What Triggers It
Under OCGA 5-6-46(a), a notice of appeal “shall serve as supersedeas upon payment of all costs in the trial court by the appellant.” An application to appeal, described in our post on how to appeal a Georgia divorce judgment, works the same way under OCGA 5-6-35(h). A motion for new trial does too, “unless otherwise ordered by the court.” OCGA 9-11-62(b).
What Stays on Hold
Permanent alimony and child support in a decree wait until the appeal ends, while any temporary order keeps running, as our post on temporary alimony during a Georgia divorce appeal explains. Custody orders in custody cases keep running, and contempt has its own rules; see our posts on custody orders during an appeal and on contempt while an appeal is pending.
The Judge Can Limit It
In Frazier v. Frazier, 280 Ga. 687 (2006), a wife’s motion for new trial put her divorce decree on hold. On the husband’s motion, the trial court required her to post a supersedeas bond and excepted the decree’s custody provisions from the hold. The Georgia Supreme Court affirmed, holding that OCGA 9-11-62(b) lets a trial judge “deny or limit the effect of an automatic supersedeas.”
A Bond Can Be Required on Appeal
Once an appeal is filed, the other side can ask for a bond, and under OCGA 5-6-46(a) the trial court then “shall require” one, “conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay if the appeal is found to be frivolous.”
In Llera v. Llera, 243 Ga. 733 (1979), a wife who refused to help sell the marital home was ordered to post a $10,000 bond if she wished to appeal. She appealed without posting it, and the Georgia Supreme Court affirmed a contempt judgment entered against her while the appeal was pending.
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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!