§ 19-5-11.Use of confession as evidence; corroboration
Chapter 5. Divorce · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-5-11
Plain-English Summary
A confession sounds like the best possible proof. In a divorce case, Georgia law treats it with suspicion. This section says confessions of a party to acts of adultery or cruel treatment “shall be received with great caution.” The section does not state its reason, but a neighboring rule suggests one: spouses who both want out might stage a confession to manufacture grounds, and § 19-5-4(a)(1) bars a divorce built on that kind of collusion.
The section then sets a hard limit. A confession shall not be sufficient to grant a divorce if it is both unsupported by corroborating circumstances and made with a view to be evidence in the case. Both conditions must be present for the bar to apply. A confession backed by other facts pointing the same way, or one made for reasons unrelated to the case, falls outside the bar — though it is still received with great caution.
The section reaches only two grounds from § 19-5-3: adultery and cruel treatment. It says nothing about confessions bearing on other grounds, such as desertion. And the no-fault ground — that the marriage is irretrievably broken — does not depend on proof of misconduct, so a confession is not needed there.
Frequently Asked Questions
Is my spouse’s admission of an affair enough for a Georgia divorce on adultery grounds?
Not if it stands alone and was made to serve as evidence. A confession of adultery that is unsupported by corroborating circumstances and was made with a view to being evidence in the case is not sufficient to grant a divorce. Any confession of adultery is received with great caution, so other evidence pointing the same way matters.
What counts as corroborating circumstances in a Georgia divorce?
The section does not define the phrase. In plain terms, corroborating circumstances are other facts that support the confession — evidence apart from the confessing spouse’s own words. What is enough in a given case is for the court or jury to decide.
Why does Georgia law distrust confessions in divorce cases?
The section does not state its reason, but it sits beside § 19-5-4(a)(1), which bars a divorce when adultery or cruel treatment was brought about by the spouses’ collusion with the intention of causing a divorce. A confession made only to serve as evidence is the kind of proof collusion could produce, so this section requires caution and corroboration.
Does this rule apply to grounds other than adultery or cruel treatment?
Not by its terms. The section speaks only of confessions “to acts of adultery or cruel treatment.” It does not mention desertion, intoxication or the other grounds in § 19-5-3. Proof of those grounds follows the general rules of evidence.
Do I need a confession if I file for a no-fault divorce in Georgia?
No. The no-fault ground in § 19-5-3(13) — that the marriage is irretrievably broken — does not rest on proof of adultery or cruel treatment, so this section’s rule on confessions does not come into play. That ground has its own timing rule: no divorce until not less than 30 days from the date of service on the respondent.
Amendment History
Formerly Code 1863, § 1674; Code 1868, § 1715; Code 1873, § 1716; Code 1882, § 1716; Civil Code 1895, § 2430; Civil Code 1910, § 2949; Code 1933, § 30-110.