A total divorce annuls a marriage from the time of the rendition of the decree, unless the divorce is granted for a cause rendering the marriage void originally, in which case the divorce serves to annul the marriage from its inception. However, the issue of the marriage shall not be rendered born out of wedlock by a divorce, except in cases of pregnancy of the wife by a man other than the husband at the time of the marriage, unknown to the husband.
History. Laws 1806, Cobb’s 1851 Digest, p. 225; Ga. L. 1861, p. 62, § 1; Code 1863, § 1682; Code 1868, § 1725; Code 1873, § 1726; Code 1882, § 1726; Civil Code 1895, § 2444; Civil Code 1910, § 2963; Code 1933, § 30-119; Ga. L. 1988, p. 1720, § 2.
Law reviews.
For article, “Annulment of Marriage in Georgia,” see 5 Ga. B.J. 22 (1942).
Structure Georgia Code
§ 19-5-1. Total Divorces Authorized; Trial; Referral for Alternative Dispute Resolution
§ 19-5-2. Residence Requirements; Venue
§ 19-5-3. Grounds for Total Divorce
§ 19-5-4. Effect of Collusion, Consent, Guilt of Like Conduct, or Condonation
§ 19-5-5. Petition; Contents and Verification; Demand for Detailed Statement
§ 19-5-6. Grant of Divorce to Respondent Without Necessity of Counterclaim
§ 19-5-7. Transfer of Property After Filing of Petition; Lis Pendens Notice
§ 19-5-8. Pleading and Practice
§ 19-5-9. Incompetency to Serve as Juror
§ 19-5-11. Use of Confession as Evidence; Corroboration
§ 19-5-12. Form of Judgment and Decree
§ 19-5-13. Disposition of Property in Accordance With Verdict
§ 19-5-16. Restoration of Maiden or Prior Name
§ 19-5-17. Determination of Parties’ Rights; Preventing Remarriage Forbidden