When a petition for divorce is filed, the respondent may recriminate in his answer and ask a divorce in his favor. If, at the trial, the court or jury believes that the respondent rather than the petitioner is entitled to a divorce, they may so find upon legal proof.
(Ga. L. 1863-64, p. 45, § 1; Code 1868, § 1717; Code 1873, § 1718; Code 1882, § 1718; Civil Code 1895, § 2433; Civil Code 1910, § 2952; Code 1933, § 30-106; Ga. L. 1946, p. 90, § 5.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 24 Am. Jur. 2d, Divorce and Separation, § 238 et seq.
8B Am. Jur. Pleading and Practice Forms, Divorce and Separation, §§ 46, 47.
C.J.S.- 27A C.J.S., Divorce, §§ 232, 233, 345 et seq.
ALR.
- Sufficiency of allegation of adultery in suit for divorce, 2 A.L.R. 1621.
Necessity of pleading affirmative defense in divorce suit, 76 A.L.R. 990.
Subsequent adultery as recriminatory defense to desertion or cruelty, 101 A.L.R. 646.
Power of court to grant absolute divorce to both spouses upon showing of mutual fault, 13 A.L.R.3d 1364.