§ 19-5-17.Determination of parties’ rights; preventing remarriage forbidden
Chapter 5. Divorce · Last amended 1979 · Last verified October 9, 2026
Full Text of § 19-5-17
Plain-English Summary
This short section does two things. First, when a divorce is granted, “the jury or the judge, as the case may be, shall determine the rights of the parties.” Which one decides depends on § 19-5-1: the judge, unless an issuable defense is filed and a party demands a jury in writing on or before the call of the case for trial. Either way, the divorce is not just a change in status — the fact-finder must also settle the parties’ rights, and the decree records them, with clauses for custody and alimony when they apply (§ 19-5-12(b)). Some matters stay with the judge even in a jury case; § 19-9-3(a)(2), for example, keeps custody away from a jury.
Second, no person shall be placed under a disability that would prevent remarriage. A divorce decree cannot bar either former spouse from marrying again. The decree form in § 19-5-12 makes the same point in its own words, declaring that both parties have the right to remarry.
Remarriage can still have financial effects set elsewhere. Under § 19-6-5(b), permanent alimony obligations not yet due terminate when the person receiving them remarries, unless otherwise provided. Under § 19-5-15, the marriage ends from the time the decree is rendered. The section was last amended in 1979.
Frequently Asked Questions
Can a Georgia divorce decree stop me from remarrying?
No. This section says no person shall be placed under a disability that would prevent remarriage. The final decree form in § 19-5-12 confirms it, stating that both parties have the right to remarry. The decree may settle property, alimony and custody, but it cannot forbid either former spouse from marrying again.
Is there a waiting period to remarry after a divorce in Georgia?
Neither this section nor the decree form in § 19-5-12 sets one. The decree states that both parties have the right to remarry, and this section forbids any disability preventing remarriage. Under § 19-5-15, the marriage ends when the decree is rendered. You will still need a marriage license under the rules in Chapter 3.
Does remarrying end alimony in Georgia?
Generally, yes, for permanent alimony not yet due. Under § 19-6-5(b), all obligations for permanent alimony whose time for performance has not arrived terminate upon remarriage of the person to whom they are owed, unless otherwise provided. That consequence comes from § 19-6-5, not from this section, which only forbids barring remarriage.
Who decides our rights when a Georgia divorce is granted?
What does it mean that the judge or jury shall determine the rights of the parties?
It means granting the divorce is not the end of the job. When a divorce is granted, the fact-finder must also settle the parties’ rights in the case, and the decree records the result. When they apply, § 19-5-12(b) requires clauses on name restoration, custody and alimony, and § 19-5-12(c) adds child support details.
Amendment History
Laws 1946, p. 90, § 12; Laws 1960, p. 1024, § 1; Laws 1979, p. 466, § 5.
Formerly Code 1868, § 1726; Code 1873, § 1727; Code 1882, § 1727; Civil Code 1895, § 2445; Civil Code 1910, § 2964; Code 1933, § 30-122.