Since January 1, 2017, appeals in Georgia divorce and alimony cases have gone to the Court of Appeals of Georgia, not the Georgia Supreme Court.
What the Statute Says
Under OCGA 15-3-3.1(a), “the Court of Appeals rather than the Supreme Court shall have appellate jurisdiction” over several kinds of cases, including, in paragraph (5), “All divorce and alimony cases.” The section took effect January 1, 2017.
Why Older Divorce Cases Come From the Supreme Court
Before then, divorce and alimony appeals went to the Georgia Supreme Court, which is why older decisions come from that court. What counts is when the appeal was filed. In Voyles v. Voyles, 301 Ga. 44 (2017), the Supreme Court decided a father’s post-divorce appeal in April 2017 because his notice of appeal had been filed before January 1. It then dismissed the appeal, because he had not filed the application the case required, a step covered in our post on how to appeal a Georgia divorce judgment.
Similarly, in Belcher v. Belcher, 346 Ga. App. 141 (2018), a former husband’s dispute over his alimony payments had already been to the Supreme Court in 2016. When he appealed again after January 1, 2017, the Supreme Court transferred his application to the Court of Appeals, which upheld an award of attorney fees to his former wife but vacated the amount.
Constitutional Challenges Are Different
In McAlister v. Clifton, 313 Ga. 737 (2022), the Court of Appeals transferred to the Supreme Court a mother’s appeal challenging Georgia’s equitable caregiver statute as unconstitutional. The Supreme Court explained that it “has exclusive jurisdiction over cases challenging the constitutionality of a statute.” Because her daughter had turned 18, it then vacated the constitutional and visitation rulings as moot, without deciding whether the statute is constitutional.
Filing in the Wrong Court
A mistake about the court is not fatal. Under OCGA 5-6-37, an appeal “shall not be dismissed nor denied consideration … because of a designation of the wrong appellate court.”
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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!