§ 19-5-14.New trial
Chapter 5. Divorce · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-5-14
Plain-English Summary
This one-sentence section makes divorce cases ordinary in one respect: new trials “may be granted in actions for divorce as in other cases.” In general terms, a motion for new trial asks the trial court itself to set aside its verdict or judgment and try the case again, usually because of a claimed error at trial. This section confirms that the remedy is available in divorce cases and that the usual rules govern it.
The section adds no special grounds, deadlines or procedures. Those come from the general law on new trials, which applies here just as it does to other cases. The word “may” matters too. A new trial is not automatic; whether to grant one is for the court under the general rules.
The section fits with its neighbors. Under § 19-5-1, the judge decides most divorce cases, with a jury only when an issuable defense is filed and a party demands one in writing in time. Under § 19-5-13, the court must carry a jury’s property verdict into effect. This section keeps open a way to challenge a verdict or judgment in the trial court itself. The deadline for the motion comes from the general rules, not from this section, and it is generally short, so a party considering one should act promptly.
Frequently Asked Questions
Can I ask for a new trial after my Georgia divorce?
Yes. This section says new trials may be granted in actions for divorce as in other cases. The same general rules that govern new-trial motions in other cases govern them in divorce cases. The court decides whether to grant one; it is not automatic.
What is the deadline for a motion for new trial in a Georgia divorce?
This section does not set one. It says new trials may be granted in divorce actions “as in other cases,” so the general rules on new trials — including their deadline — apply. That deadline is generally short, so check it right away and consider getting legal advice.
Is a motion for new trial the same as an appeal?
No. In general, a motion for new trial asks the trial court that decided the case to set aside the result and try the case again. An appeal asks a higher court to review the trial court’s decision. This section confirms that the new-trial route is open in divorce cases as in other cases.
Can the judge refuse to grant a new trial?
Yes. The section says new trials “may be granted,” which is permissive. Whether to grant one depends on the general rules that apply in other cases and on the court’s assessment of the grounds raised. This section does not create any right to a new trial beyond those rules.
Does this section give divorce cases any special new-trial rules?
No. Its point is the opposite: divorce cases are treated like other cases on new trials. The section adds no special grounds, deadlines or procedures, so the general law governs a motion for new trial in a divorce case. Anyone weighing such a motion should look to those general rules for the grounds and the deadline.
Amendment History
Formerly Code 1863, § 1679; Code 1868, § 1722; Code 1873, § 1723; Code 1882, § 1723; Civil Code 1895, § 2441; Civil Code 1910, § 2960; Code 1933, § 30-130.