§ 19-6-11.Voluntary separation, abandonment, or driving off of spouse — Petition for alimony or child support when no divorce pending — Appeals
Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1946 · Last verified October 9, 2026
Full Text of § 19-6-11
Plain-English Summary
This one-sentence section settles how a separate maintenance judgment is appealed. Section 19-6-10 lets a spouse who lives apart from the other, with no divorce pending, petition for alimony and support for the children in his or her custody. When the superior court enters a judgment in that kind of case, § 19-6-11 makes it appealable on the same terms that apply in divorce cases.
The section does not restate those terms. It borrows them, so the deadlines and procedures for a divorce appeal also govern a separate maintenance appeal. Those rules sit in Georgia’s appellate statutes and court rules, outside Title 19. Anyone considering an appeal should check those requirements early.
The rule dates to an 1870 law and was last amended in 1946. It covers judgments of the superior court in cases brought under § 19-6-10, whether a judge or a jury found the facts. Under § 19-6-10, a jury verdict supplies the factual basis for the court’s equitable relief.
Frequently Asked Questions
Can I appeal a separate maintenance judgment in Georgia?
Yes. Section 19-6-11 says a judgment of the superior court in a case brought under § 19-6-10 — a petition for alimony or child support when the spouses live apart and no divorce is pending — is appealable on the same terms prescribed in divorce cases.
Are the appeal rules for separate maintenance different from divorce appeals?
No. Section 19-6-11 applies the same terms that govern appeals in divorce cases. It does not set its own deadlines or procedures; those come from the rules for divorce appeals, which sit outside Title 19. Because appeal deadlines are generally short, it helps to look them up as soon as the judgment is entered.
What kind of case does § 19-6-11 cover?
Cases brought under § 19-6-10. Those are petitions filed by a spouse who is living separately or in a bona fide state of separation, with no divorce pending, seeking support for the spouse, the minor children in that spouse’s custody, and any dependent adult child in that spouse’s custody. Section 19-6-11 covers judgments of the superior court in those cases.
Does § 19-6-11 apply when a jury decided the separate maintenance case?
The section applies to “a judgment of the superior court in a case brought under Code Section 19-6-10” and does not distinguish between cases decided by a judge and those in which a jury returned a verdict. Under § 19-6-10, a jury verdict provides the factual basis for the court’s equitable relief, and the resulting judgment is appealable on divorce-case terms.
Where do I find the deadline to appeal a separate maintenance judgment?
Not in § 19-6-11. The section says only that the judgment is appealable on the same terms as divorce cases, so the deadline and procedure are the ones that apply to divorce appeals under Georgia’s appellate statutes and court rules. Those sit outside Title 19 and should be checked promptly after the judgment.
Amendment History
Laws 1870, p. 413, § 5; Laws 1946, p. 726, § 1.
Formerly Code 1873, § 1748; Code 1882, § 1748; Civil Code 1895, § 2468; Civil Code 1910, § 2987; Code 1933, § 30-214.