§ 19-5-9.Incompetency to serve as juror
Chapter 5. Divorce · Last amended 1851 · Last verified October 9, 2026
Full Text of § 19-5-9
Plain-English Summary
Some people object to divorce on moral or religious grounds. This section keeps them off divorce juries. A juror who has “conscientious scruples as to the granting of divorces” is incompetent — that is, not qualified — to serve in divorce cases. The section does not state its reason, but the likely aim is plain: a juror who would never grant a divorce cannot weigh the case impartially.
The section also gives the parties a way to find those jurors. At the request of either party, the court may question the jury panel about such scruples. The questioning is the court’s to conduct, and the word is “may,” so the court has discretion over it. The disqualification itself, though, is stated as a rule: a juror with these scruples “shall be incompetent to serve.”
The section matters only when a divorce case has a jury. Under § 19-5-1, the judge decides divorce and permanent alimony cases unless an issuable defense is filed and a party demands a jury in writing on or before the call of the case for trial. Even then, custody is decided by the judge, not the jury, under § 19-9-3(a)(2). When a jury does sit, it may decide issues such as the grounds and the division of property, and § 19-5-13 directs the court to carry out its property verdict.
Frequently Asked Questions
Can someone who opposes divorce serve on a divorce jury in Georgia?
No. A juror who has conscientious scruples as to the granting of divorces is incompetent to serve in divorce cases. The section states this as a rule, not as something left to the judge. A person whose beliefs would prevent them from granting any divorce cannot sit on that jury.
Can we ask potential jurors whether they object to divorce?
Yes, by asking the court. At the request of either party, the court may question the jury panel about conscientious scruples against granting divorces. The section places the questioning with the court, and the court has discretion over how it proceeds.
When does a Georgia divorce case have a jury at all?
Only when two conditions are met under § 19-5-1: an issuable defense is filed as provided by law, and either party demands a jury trial in writing on or before the call of the case for trial. Otherwise the judge decides all issues, and this section never comes into play.
Does this juror rule matter for custody decisions?
No, because a jury does not decide custody. Under § 19-9-3(a)(2), the judge hearing the custody issue makes the custody determination, and it shall not be decided by a jury. This section matters only for issues a divorce jury may decide.
What does conscientious scruples mean for a juror?
It means a sincere moral or religious objection — here, an objection to granting divorces. A juror with that belief could not impartially decide whether a divorce should be granted, so this section makes that person incompetent to serve in divorce cases.
Amendment History
Laws 1840, Cobb's 1851 Digest, p. 225.
Formerly Code 1863, § 1681; Code 1868, § 1724; Code 1873, § 1725; Code 1882, § 1725; Civil Code 1895, § 2443; Civil Code 1910, § 2962; Code 1933, § 30-114.