§ 19-5-8.Pleading and practice
Chapter 5. Divorce · Last amended 1987 · Last verified October 9, 2026
Full Text of § 19-5-8
Plain-English Summary
Divorce, alimony and custody cases are civil cases, and this section says so in procedural terms. The same rules of pleading and practice that govern ordinary civil actions — largely the Civil Practice Act in Chapter 11 of Title 9 — apply to them, except where this chapter specifically provides otherwise. Chapter 5 makes several such exceptions, including the verified petition in § 19-5-5 and the jury rule in § 19-5-1.
The section’s second sentence is one of the most important in Georgia family law. No verdict or judgment by default may be taken in a divorce, alimony or custody case. As a general matter, in an ordinary civil lawsuit a defendant who never answers can lose by default. This section rules that out here. The allegations must be established to the court’s satisfaction — by the verified pleadings, by affidavit, by evidentiary hearing, or otherwise, as provided in § 19-5-10.
In practice, this means a spouse’s silence neither ends the case nor wins it for the other side. The case moves forward, but the court must still be satisfied on the proof. Under § 19-5-10, in an undefended divorce the judge must determine that the grounds are legal and proved, or appoint an attorney to do so; a hearing is authorized but not required; and the court may rely on the verified pleadings, affidavits or another basis it deems proper.
Frequently Asked Questions
What happens if my spouse doesn’t respond to the divorce papers in Georgia?
The case goes forward, but not by default. This section forbids default verdicts and judgments in divorce, alimony and custody cases. Instead, the allegations must be established to the court’s satisfaction by the verified pleadings, by affidavit, by evidentiary hearing, or otherwise, as § 19-5-10 provides. In an undefended divorce, the judge must determine that the grounds are legal and proved, or appoint an attorney of the court to do so.
Can a Georgia judge grant a divorce without a hearing?
Yes, in an undefended case. Under § 19-5-10, an evidentiary hearing is authorized but not required. Without one, the court may decide on the verified pleadings of either party, one or more affidavits, or another basis or procedure it deems proper. Whether to hold a hearing is up to the court.
Do the regular civil procedure rules apply to my Georgia divorce?
Yes, with exceptions. This section applies the rules of pleading and practice for ordinary civil actions to divorce, alimony and custody cases, “except as otherwise specifically provided in this chapter.” The ban on default judgments is one such exception, and the verified-petition requirement in § 19-5-5 is another.
Can I win custody by default if the other parent never shows up?
No. The ban on default verdicts and judgments covers actions for custody of minor children as well as divorce and alimony. The facts must still be established to the court’s satisfaction. The judge decides custody based on the best interest of the child under § 19-9-3, and the absent parent’s silence does not decide it.
Is my verified divorce petition enough proof in Georgia?
It can be. This section lists “the verified pleadings” as one way to establish the allegations, along with affidavits and evidentiary hearings. Whether the pleadings are enough in a given case is the court’s decision; under § 19-5-10 the judge chooses the basis it deems proper.
Amendment History
Laws 1895, p. 44, § 9; Laws 1958, p. 315, § 1; Laws 1967, p. 226, § 44; Laws 1987, p. 565, § 1.
Formerly Civil Code 1895, §§ 2440, 5074; Civil Code 1910, §§ 2959, 5658; Code 1933, § 30-113.