Relevant Statutes
Georgia Family Law is governed by the provisions of title 19 of the Official Code of Georgia. Any attorney or lawyer you retain will need to be familiar with both the statutes listed below and the case law that interprets them. Alpharetta Divorce Lawyers and Alpharetta Family Law Attorneys are aware of the changes in the statutes that govern the practice of family law.
CHAPTER 1. GENERAL PROVISIONS
§ 19-1-1. Issuance of certain standing orders in domestic relations cases
§ 19-1-2. Repealed by Laws 1991, p. 94, § 19, eff. March 14, 1991
§ 19-1-6. Repealed by Laws 1991, p. 94, § 19, eff. March 14, 1991
CHAPTER 2. DOMICILE
§ 19-2-1. Place of domicile; change of domicile
§ 19-2-2. Election of one of two; transients
§ 19-2-3. Domicile of married persons
§ 19-2-4. Minors
§ 19-2-5. Persons under guardianship
§ 19-2-6. Persons not sui juris
CHAPTER 3. MARRIAGE GENERALLY
Article 1. General Provisions
§ 19-3-1. Essentials of marriage
§ 19-3-1.1. Status of common-law marriages
§ 19-3-2. Persons able to contract
§ 19-3-3. Degrees of relationship within which marriage prohibited
§ 19-3-3.1. Same sex marriages prohibited
§ 19-3-4. Consent to be voluntary and without fraud
§ 19-3-5. Void marriages; legitimacy of issue of marriage
§ 19-3-6. Restraints of marriage
§ 19-3-7. Contracts or bonds restricting or forcing marriage
§ 19-3-8. Interspousal tort immunity
§ 19-3-9. Spouse s separate property
§ 19-3-10. Married persons may contract; presumptions
§ 19-3-11. Repealed by Laws 1981, p. 704, § 1, eff. July 1, 1981
Article 2. License and Ceremony
§ 19-3-30. How granted, returned, and recorded
§ 19-3-30.1. Premarital education
§ 19-3-31. License issued at satellite courthouses in certain counties
§ 19-3-32. Violations of provisions as to place and time of issuance of marriage License
§ 19-3-33. Application for license; requirements; application supplement marriage report
§ 19-3-33.1. Designation of legal surname
§ 19-3-34. Record of application and application supplement-marriage report form
§ 19-3-35. Immediate issuance of license
§ 19-3-35.1.Brochures describing AIDS and HIV test site listings; applicants for
marriage license to receive brochures and listings and acknowledge
receipt
§ 19-3-36. Proof of age
§ 19-3-37. Parental consent
§ 19-3-38. Repealed by Laws 2006, Act 466, § 6D, eff. July 1, 2006
§ 19-3-39. Return of marriage banns
§ 19-3-40. Sickle cell disease; blood test prior to marriage license
§ 19-3-41. Marriage manual
§ 19-3-42. Want of authority in minister or magistrate
§ 19-3-43. Marriage in another state
§ 19-3-44. Return of marriage license to parties by judge of the probate court
§ 19-3-45. Liability of judge of probate court for issuing license unlawfully
§ 19-3-46. Penalty on person officiating
§ 19-3-47. Filing false information relative to application for marriage licenses
§ 19-3-48. Performing marriage ceremony illegally
§ 19-3-49. Judges authorized to receive tips, considerations, or gratuities for performing marriage ceremonies
Article 3. Marriage Articles, Contracts, and Settlements
§ 19-3-60. Marriage as valuable consideration for contract
§ 19-3-61. Minority of party to contract, effect
§ 19-3-62. Marriage articles
§ 19-3-63. Construction and attestation of contract in contemplation of marriage
§ 19-3-64. Voluntary execution of agreement; trust deeds
§ 19-3-65. Appointing and removing trustee
§ 19-3-66. When executed in favor of volunteers
§ 19-3-67. Record of marriage contracts and voluntary settlements
§ 19-3-68. Spouse may force recordation
CHAPTER 4. ANNULMENT OF MARRIAGE
§ 19-4-1. Grounds; effect of birth of children
§ 19-4-2. Petition for annulment or for divorce
§ 19-4-3. Petition by next friend
§ 19-4-4. Procedure by divorce procedure; decree where no contest
§ 19-4-5. Effect of decree
CHAPTER 5. DIVORCE
§ 19-5-1. Divorces, how granted; alternative dispute resolution method
§ 19-5-2. Period of residence in State for petitioner or defendant
§ 19-5-3. Grounds for total divorce
§ 19-5-4. Condonation; collusion; consent to conduct; both parties guilty of like conduct
§ 19-5-5. Petition; process; rules of pleading
§ 19-5-6. Respondent may have divorce, when
§ 19-5-7. Transfer of property after divorce filed; effect of lis pendens notice
§ 19-5-8. Application of general rules of procedure; no verdict or judgment by default
§ 19-5-9. Competency as juror of person having conscientious scruples as to granting divorce
§ 19-5-10. Ex parte cases, duty of judge in
§ 19-5-11. Confessions of party to acts of adultery or cruel treatment
§ 19-5-12. Form of judgment and decree
§ 19-5-13. Judgment or decree, carrying out
§ 19-5-14. New trials
§ 19-5-15. Effect of total divorce
§ 19-5-16. Name of party changed in divorce cases, when
§ 19-5-17. Rights of parties
CHAPTER 6. ALIMONY AND CHILD SUPPORT GENERALLY
Article 1. Support Generally
§ 19-6-1. Alimony defined; permanent and temporary
§ 19-6-2. Attorney s fees; considerations; grant to be a final judgment; action to enforce
§ 19-6-3. Proceedings to obtain temporary alimony; discretion of the judge; revision and enforcement of order allowing alimony
§ 19-6-4. Permanent alimony granted; enforcement of order allowing
§ 19-6-5. Permanent alimony; determination of amount
§ 19-6-6. Liability after alimony granted
§ 19-6-7. Interest in estate after permanent alimony granted
§ 19-6-8. Party s voluntary contract or other written agreement as bar to permanent alimony
§ 19-6-9. Decree in equity
§ 19-6-10. Proceeding for alimony before the judge when no action for divorce pending
§ 19-6-11. Appeals and proceedings thereon
§ 19-6-12. Subsequent cohabitations, effect as to permanent alimony
§ 19-6-13. Liability to third person for necessaries
§ 19-6-14. Support and custody of children pending suits for divorce; liability for necessaries
§ 19-6-15. Child support guidelines
§ 19-6-16. Orders, decrees, or verdicts for child support; how enforced
§ 19-6-17. Support order against noncustodial parent where custody awarded after divorce decree or where court unable to obtain jurisdiction over noncustodial parent
§ 19-6-18. Revision of judgment rendered before July 1, 1977, for permanent alimony; grounds; petition; hearing
§ 19-6-19. Revision of judgment for permanent alimony; effect of cohabitation of former spouse with third person; temporary modification of judgment
§ 19-6-20. Substantial change of conditions as sole issue
§ 19-6-21. Revision proceeding applicable only to judgments for periodic payments
§ 19-6-22. Expenses of litigation where application filed by party obligated to pay alimony
§ 19-6-23. Intent of law
§ 19-6-24. Application of law to judgments rendered prior to its passage
§ 19-6-25. Further revision of judgments rendered prior to passage of law
§ 19-6-26. Continuing, exclusive jurisdiction for purposes of entering or modifying child support order; concurrent jurisdiction
§ 19-6-27. Application for alimony by person where divorce granted spouse by foreign court; procedure
§ 19-6-28. Additional powers of court in cases involving child support
§ 19-6-28.1. Suspension of license or registration of persons in child support arrears
§ 19-6-29. Court may inquire into availability of accident and sickness insurance
§ 19-6-30. Provision in order as to continuing garnishment for support
§ 19-6-31. Income deduction orders; definitions
§ 19-6-32. Income deduction orders; issuance
§ 19-6-33. Income deduction orders; enforcement
§ 19-6-33.1. Family support registry
§ 19-6-34. Provision in order to require insurance for benefit of minor child on life of either or both parents
§ 19-6-35. Attacking fraudulent conveyances
Article 2. Child Support Commission
§ 19-6-50. Creation; responsibilities
§ 19-6-51. Membership
§ 19-6-52. Meetings; expenses
§ 19-6-53. Duties
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
Article 1. General Provisions
§ 19-7-1. Parental power; recovery for homicide of child
§ 19-7-2. Parents obligation to child
§ 19-7-3. Grant of visitation rights to grandparents
§ 19-7-4. Protection of children being reared under immoral, etc., conditions
§ 19-7-5. Reports by physicians, treating personnel, institutions and others as to child abuse; failure to report suspected child abuse
§ 19-7-6. Reporting of child drug abuse
Article 2. Legitimacy
§ 19-7-20. What children are legitimate; presumption; legitimation by marriage of parents
§ 19-7-21. Children conceived by artificial insemination legitimate, when
§ 19-7-21.1. Voluntary acknowledgment of legitimation
§ 19-7-22. Petition to legitimatize child
§ 19-7-23. Child born out of wedlock defined
§ 19-7-24. Parents obligation to child born out of wedlock
§ 19-7-25. Mother s rights
§ 19-7-26. Mother suing for injury or death not discriminated against because of child s having been born out of wedlock
§ 19-7-27. Assistance of hospitals in paternity acknowledgment process
Article 3. Determination of Paternity
§ 19-7-40. Jurisdiction
§ 19-7-41. Service outside state
§ 19-7-42. Venue
§ 19-7-43. Petition; motion and order for genetic tests
§ 19-7-44. Parties
§ 19-7-45. Genetic tests
§ 19-7-46. Evidence at trial
§ 19-7-46.1. Information which establishes prima-facie case of establishment of paternity; voluntary acknowledgment of paternity
§ 19-7-46.2. Temporary support orders; issuance and payments made pursuant thereto
§ 19-7-47. Civil action
§ 19-7-48. Settlement
§ 19-7-49. Decree; jury
§ 19-7-50. Costs
§ 19-7-51. Order of support or visitation
§ 19-7-52. Order that support payments be made to mother or other interested party; enforcement and modification of orders
§ 19-7-53. Confidentiality of hearings
§ 19-7-54. Motion to set aside determination of paternity based on newly discovered evidence; relief on such motion
CHAPTER 8. ADOPTION
Article 1. General Provisions
§ 19-8-1. Definitions
§ 19-8-2. Jurisdiction and venue
§ 19-8-3. Who may petition to adopt a child; how petition to be filed
§ 19-8-4. Surrender of rights to child being placed for adoption through department or any child-placing agency
§ 19-8-5. Surrender of rights to child being placed for adoption to third party who is neither stepparent nor relative of that child
§ 19-8-6. Surrender of rights to child being placed for adoption to spouse of parent
§ 19-8-7. Surrender of rights to child placed for adoption by grandparent, aunt, uncle, great aunt, great uncle, or sibling
§ 19-8-8. Adoption based upon foreign decree and grant of visa
§ 19-8-9. Affidavit by adoptive mother of child being placed for adoption; withdrawal of surrender of rights
§ 19-8-10. When surrender or termination of parental rights not required
§ 19-8-11. Termination of rights of remaining parent where termination of rights of other parent or guardian has already been obtained
§ 19-8-12. Notice to biological father who is not legal father
§ 19-8-13. Petition and contents
§ 19-8-14. Time of hearing on petition; acceptance of petition; notice to department and child-placing agency
§ 19-8-15. Objections by relative to petition
§ 19-8-16. Investigation and report
§ 19-8-17. Contents of report and findings of investigating agency; motion to dismiss; appeals; appointment of guardian ad litem
§ 19-8-18. Judicial hearings on petitions for adoption; orders and decrees
§ 19-8-19. Effect of decree of adoption
§ 19-8-20. Notice of adoption; adoption certificate
§ 19-8-21. Adoption of adult persons
§ 19-8-22. Recognition of decrees of other courts
§ 19-8-23. Recordation of matters relating to adoptions; sealing of records; access and examination; release of information
§ 19-8-24. Unlawful advertisements and inducements; prohibition of sale or offer for sale of child; violations and penalties
§ 19-8-25. Effect of prior consent or surrender
§ 19-8-26. Form for surrender of rights by parent or guardian
Article 2. Option of Adoption
§ 19-8-40. Definitions
§ 19-8-41. Relinquishment of rights to embryo
§ 19-8-42. Expedited orders of adoption
§ 19-8-43. Termination of rights of past legal custodians of embryo
CHAPTER 9. CHILD CUSTODY PROCEEDINGS
Article 1. General Provisions
§ 19-9-1. Parenting plan for child custody
§ 19-9-1.1. Arbitration agreements
§ 19-9-1.2. Filing of domestic relations case
§ 19-9-2. Right of surviving parent to custody of child
§ 19-9-3. Custody of child; best interest of child factors; finds of fact; review; retention of jurisdiction; change of address; attorney fees
§ 19-9-4. Investigation of home life and home environment of parents in contested child custody proceedings
§ 19-9-5. Agreement between parents as to custody of child
§ 19-9-6. Definitions
§ 19-9-7. When visitation by parent who has committed acts of family violence may be awarded; conditions
Article 2. Child Custody Intrastate Jurisdiction Act
§ 19-9-20. Short title
§ 19-9-21. Purpose; construction
§ 19-9-22. Definitions
§ 19-9-23. Actions to obtain a change of legal custody; how and where brought; limitations
§ 19-9-24. Limitations on actions by physical or legal custodians
Article 3. Uniform Child Custody Jurisdiction and Enforcement Act
Part 1. General Provisions
§ 19-9-40. Short title
§ 19-9-41. Definitions
§ 19-9-42. Proceedings governed by other law
§ 19-9-43. Application to Indian tribes
§ 19-9-44. International application
§ 19-9-45. Effect of child custody determination
§ 19-9-46. Priority
§ 19-9-47. Notice to persons outside state
§ 19-9-48. Appearance and limited immunity
§ 19-9-49. Communication between courts
§ 19-9-50. Taking testimony in another state
§ 19-9-51. Cooperation between courts; preservation of records
§ 19-9-52. Repealed by Laws 2001, p. 129, § 1, eff. April 7, 2001
§ 19-9-60. Repealed by Laws 2001, p. 129, § 1, eff. April 7, 2001
Part 2. Jurisdiction
§ 19-9-61. Initial child custody jurisdiction
§ 19-9-62. Exclusive, continuing jurisdiction
§ 19-9-63. Jurisdiction to modify determination
§ 19-9-64. Temporary emergency jurisdiction
§ 19-9-65. Notice; opportunity to be heard; joinder
§ 19-9-66. Simultaneous proceedings
§ 19-9-67. Inconvenient forum
§ 19-9-68. Jurisdiction declined by reason of conduct
§ 19-9-69. Information to be submitted to court
§ 19-9-70. Appearance of parties and child
Part 3. Jurisdiction and Enforcement of Foreign Decrees
§ 19-9-81. Definitions
§ 19-9-82. Enforcement under Hague Convention
§ 19-9-83. Duty to enforce
§ 19-9-84. Temporary visitation
§ 19-9-85. Registration of child custody determination
§ 19-9-86. Enforcement of registered determination
§ 19-9-87. Simultaneous proceedings
§ 19-9-88. Expedited enforcement of child custody determination
§ 19-9-89. Service of petition and order
§ 19-9-90. Hearing and order
§ 19-9-91. Warrant to take physical custody of child
§ 19-9-92. Costs, fees, and expenses
§ 19-9-93. Recognition and enforcement
§ 19-9-94. Appeals
§ 19-9-95. Powers of district attorney
§ 19-9-96. Powers of law enforcement officer
§ 19-9-97. Costs and expenses
Part 4. Construction
§ 19-9-101. Uniformity of construction among states
§ 19-9-102. Actions commenced before effective date of law
§ 19-9-103. Construction with Code Section 19-13-23
§ 19-9-104. Conflict with Georgia Child Custody Intrastate Jurisdiction Act of 1978
Article 4. Power of Attorney for the Care of a Minor Child
§ 19-9-120. Short title
§ 19-9-121. Definitions
§ 19-9-122. Delegation of caregiving authority; hardship
§ 19-9-123. Authority of agent caregiver
§ 19-9-124. Acting in best interests of child; agent caregiver
§ 19-9-125. Good faith reliance on power of attorney for care of a minor; criminal or civil liability
§ 19-9-126. Emergency medical treatment; temporary written permission
§ 19-9-127. Certification of purpose for executing power of attorney for care of a minor
§ 19-9-128. Revocation of power of attorney
§ 19-9-129. Statutory power of attorney for care of a minor child; form