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2018 Georgia Code 19-5-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-5-17 Case Law from Google Scholar Amendments to OCGA 19-5-17

TITLE 19 DOMESTIC RELATIONS

Section 5. Divorce, 19-5-1 through 19-5-17.

ARTICLE 3 ANTENUPTIAL AGREEMENTS, MARRIAGE CONTRACTS, AND POSTNUPTIAL SETTLEMENTS

19-5-17. Determination of parties' rights; preventing remarriage forbidden.

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.)

JUDICIAL DECISIONS

"Rights and disabilities" (now "rights" only) and "divorce."

- Former Code 1933, § 30-122 (see now O.C.G.A. § 19-5-17) did not mean that granting of divorce to one party automatically granted other party divorce as the words "rights and disabilities" (now "rights" only) and "divorce" were not synonymous terms. Schwartz v. Schwartz, 222 Ga. 460, 150 S.E.2d 809 (1966).

Reversible error as to jury charge.

- It is reversible error to charge that, if the jury grants one party a divorce as a matter of law, the opposite party should also be granted a divorce; "rights and disabilities" (now "rights" only) and "divorce" are not synonymous terms. Perlotte v. Perlotte, 218 Ga. 27, 126 S.E.2d 220 (1962).

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.

Cases Citing O.C.G.A. § 19-5-17

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City of Atlanta v. McKinney, 265 Ga. 161 (Ga. 1995).

Cited 27 times | Published | Supreme Court of Georgia | Mar 14, 1995 | 454 S.E.2d 517

...Municipal Review, 137, 142). At a minimum, it means that cities in this state may not enact ordinances defining family relationships. The Georgia General Assembly has provided for the establishment of family relationships by general law. See, e.g., OCGA §§ 19-3-1 to 19-5-17 (1991); see also City of Bloomington v....