§ 19-5-6.Grant of divorce to respondent without necessity of counterclaim
Chapter 5. Divorce · Last amended 1946 · Last verified October 9, 2026
Full Text of § 19-5-6
Plain-English Summary
A respondent served with a divorce petition is not limited to defending. This section lets the respondent “recriminate” in the answer — answer the petitioner’s charges with charges of their own — and ask for a divorce in the respondent’s favor. The official catchline describes this as a grant of divorce to the respondent without the necessity of a counterclaim: the request can come in the answer itself.
At trial, the fact-finder decides who is entitled to the divorce. If the court or jury believes that the respondent, rather than the petitioner, is entitled to a divorce, they may so find “upon legal proof.” Two points follow from the text. The finding is permissive — “may.” And it must rest on legal proof: the respondent’s charges have to be proved by evidence, as any ground for divorce must be.
This section works alongside § 19-5-4(b), which lets a respondent plead the petitioner’s conduct as a defense and lets the jury refuse a divorce altogether. The two uses differ. A defense under § 19-5-4 aims to defeat the petition; recrimination under this section seeks a divorce on the respondent’s own terms. The grounds available to the respondent are the same thirteen in § 19-5-3, and § 19-5-5(b)(2) contemplates that a spouse bringing a counterclaim is not required to meet the residence requirements.
Frequently Asked Questions
Can I ask for a divorce in my answer instead of filing my own case in Georgia?
Yes. This section lets the respondent recriminate in the answer and ask for a divorce in the respondent’s favor. The official catchline describes this as a grant of divorce to the respondent without the need for a counterclaim. The respondent must still prove the grounds at trial.
What does recriminate mean in a Georgia divorce?
To recriminate is to answer an accusation with an accusation. Here it means the respondent’s answer charges the petitioner with conduct that gives the respondent grounds for divorce, and asks the court to grant the divorce in the respondent’s favor. The grounds come from § 19-5-3.
Can the court grant the divorce to me instead of my spouse?
Yes, if you are the respondent and you prove it. The section says that if, at trial, the court or jury believes the respondent rather than the petitioner is entitled to a divorce, they may so find upon legal proof. The finding is discretionary and must rest on evidence.
Do I need to meet the residency rule to ask for a divorce in my answer?
Section 19-5-5(b)(2) says a petition must show that the applicant meets the residence requirements or that the applicant is bringing a counterclaim and is not required to meet them. So the Code contemplates that a spouse counterclaiming in a properly filed Georgia case need not separately satisfy the residence rule in § 19-5-2.
What is the difference between pleading my spouse’s conduct as a defense and asking for a divorce myself?
A defense tries to stop the divorce; recrimination seeks one. Under § 19-5-4(b), a respondent may plead the petitioner’s conduct in defense, and the jury may refuse a divorce on the whole case. Under this section, the respondent asks for a divorce in the respondent’s own favor, and the court or jury may grant it on legal proof.
Amendment History
Laws 1863-64, p. 45, § 1; Laws 1946, p. 90, § 5.
Formerly Code 1868, § 1717; Code 1873, § 1718; Code 1882, § 1718; Civil Code 1895, § 2433; Civil Code 1910, § 2952; Code 1933, § 30-106.