§ 19-5-1.Total divorces authorized; trial; referral for alternative dispute resolution

This section opens Georgia’s divorce chapter with three rules. First, total divorces may be granted “in proper cases” by the superior court. A total divorce is a full dissolution of the marriage — the kind described in the final decree form in § 19-5-12. No other court is named.

Second, the section decides who hears the case. In all petitions for divorce and permanent alimony, the judge hears and determines every issue of law and fact, and any other issue raised in the pleadings — unless two conditions are both met. An issuable defense must be filed as provided by law (in plain words, a defense that puts something in genuine dispute), and either party must demand a jury trial in writing on or before the call of the case for trial. If either condition is missing, the judge decides. Even when a jury sits, some issues stay with the judge: § 19-9-3(a)(2) says custody shall not be decided by a jury, and under § 19-6-15(c)(5), when a jury determines the parents’ gross income, the court determines the presumptive amount of child support from that finding.

Third, the section encourages settlement. In any county with an alternative dispute resolution program established under the Georgia Court-annexed Alternative Dispute Resolution Act (Chapter 23 of Title 15), the judge may, before trial, refer all contested petitions for divorce or permanent alimony to the appropriate ADR method, such as mediation. In counties without such a program, the judge may still refer any disputed divorce case to ADR if a method is reasonably available without additional cost to the parties. Both referral powers use “may,” so referral is the judge’s choice, not a requirement of the statute. The section was last amended in 2016.