When a divorce is granted, the jury or the judge, as the case may be, shall determine the rights of the parties. No person shall be placed under a disability that would prevent remarriage.
(Code 1868, § 1726; Code 1873, § 1727; Code 1882, § 1727; Civil Code 1895, § 2445; Civil Code 1910, § 2964; Code 1933, § 30-122; Ga. L. 1946, p. 90, § 12; Ga. L. 1960, p. 1024, § 1; Ga. L. 1979, p. 466, § 5.)
RESEARCH REFERENCES
ALR.
- Inhibition by decree of divorce, or statute of state or country in which it is granted, against remarriage, as affecting a marriage celebrated in another state or country, 32 A.L.R. 1116; 51 A.L.R. 325.
CHAPTER 6 ALIMONY AND CHILD SUPPORT Article 1 General Provisions.- Procedure for appeals from judgments or orders granting or refusing temporary or permanent alimony or holding or declining to hold persons in contempt of such alimony judgments or orders, § 5-6-35.
Domestic relations long-arm statute, § 9-10-91(5).
Administrative Rules and Regulations.- Office of Child Support Recovery, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Services, Chapter 290-7.
Law reviews.- For annual survey of domestic relations law, see 35 Mercer L. Rev. 127 (1983). For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For article, "Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System," see 8 Ga. St. U.L. Rev. 539 (1992). For annual survey of domestic relations law, see 43 Mercer L. Rev. 243 (1991). For annual survey article on domestic relations, see 50 Mercer L. Rev. 217 (1998). For note appraising the Georgia domestic relations long-arm statute, see 18 Ga. L. Rev. 691 (1984). For note on 1995 amendments and enactments of sections in this chapter, see 12 Ga. St. U.L. Rev. 169 (1995).
JUDICIAL DECISIONS
Term "former spouse" equates with "parent" when considering child support issues.
- For the purposes of O.C.G.A. T. 19, Ch. 6 of the Georgia Domestic Relations Code, the term "former spouse" is equated with "parent" when considering issues of child support. Monroe v. Taylor, 259 Ga. App. 600, 577 S.E.2d 810 (2003).
RESEARCH REFERENCESChange in Circumstances Justifying Modification of Child Support Order, 1 POF2d 1.
Wife's Ability to Support Herself, 2 POF2d 99.
Forensic Economics - Use of Economists in Cases of Dissolution of Marriage, 17 POF2d 345.
Abandonment of Marriage Without Cause - Defense in Alimony, Spousal Support, or Separate Maintenance Proceeding, 27 POF2d 737.
Spousal Support on Termination of Marriage, 32 POF2d 439.
Modification of Spousal Support Award, 32 POF2d 491.
Legal Malpractice in Domestic Relations, 44 POF2d 377.
Amount of Allowance for Attorney Fees in Domestic Relations Action, 45 POF2d 699.
Modification of Spousal Support on Ground of Supported Spouse's Cohabitation, 6 POF3d 765.
ALR.- Validity and enforceability of escalation clause in divorce decree relating to alimony and child support, 19 A.L.R.4th 830.
Excessiveness or adequacy of amount of money awarded as permanent alimony following divorce, 28 A.L.R.4th 786.
Order awarding temporary support or living expenses upon separation of unmarried partners pending contract action based on services relating to personal relationship, 35 A.L.R.4th 409.
Divorce and separation: treatment of stock options for purposes of dividing marital property, 46 A.L.R.4th 640.
Valuation of stock options for purposes of divorce court's property distribution, 46 A.L.R.4th 689.
Postmajority disability as reviving parental duty to support child, 48 A.L.R.4th 919.
Court's authority to reinstitute parent's support obligation after terms of prior decree have been fulfilled, 48 A.L.R.4th 952.
Necessity that divorce court value property before distributing it, 51 A.L.R.4th 11.
Divorce and separation: method of valuation of life insurance policies in connection with trial court's division of property, 54 A.L.R.4th 1203.
Divorce: excessiveness or adequacy of combined property division and spousal support awards - modern cases, 55 A.L.R.4th 14.
Right to jury trial in state court divorce proceedings, 56 A.L.R.4th 955.
Divorce: order requiring that party not compete with former marital business, 59 A.L.R.4th 1075.
Divorce property distribution: real estate or trust property in which interest vested before marriage and was realized during marriage, 60 A.L.R.4th 217.
Insanity as defense to divorce or separation suit - post-1950 cases, 67 A.L.R.4th 277.
Divorce and separation: effect of court prohibiting sale or transfer of property on party's right to change beneficiary of insurance policy, 68 A.L.R.4th 929.
What constitutes order made pursuant to state domestic relations law for purposes of qualified domestic relations order exception to antialienation provision of Employee Retirement Income Security Act of 1974 (29 USCS § 1056(d)), 79 A.L.R.4th 1081.
Parent's child support liability as affected by other parent's fraudulent misrepresentation regarding sterility or use of birth control, or refusal to abort pregnancy, 2 A.L.R.5th 337.
Authority of court, upon entering default judgment, to make orders for child custody or support which were not specifically requested in pleadings of prevailing party, 5 A.L.R.5th 863.
Spouse's right to set off debt owed by other spouse against accrued spousal or child support payments, 11 A.L.R.5th 259.
ARTICLE 1 GENERAL PROVISIONS
Editor's notes.
- Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: "The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia's children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia's children are provided with adequate financial support whether the children's parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children."