PR 06215.012 Georgia

A. PR 83-017 Program Operations Manual System (POMS) GN 00305.435 Regarding Restrictions on Remarriage in Georgia

DATE: June 21, 1983

1. SYLLABUS

DIVORCE -- RESTRICTIONS AGAINST REMIARRIAGE -- GEORGIA

Under Georgia law, in effect prior to 1946, a total divorce granted plaintiff in a divorce action would not free defendant to remarry unless final jury verdict authorizing divorce specifically removed defendant's disability to remarry. See opinion Re C~ Charles, Jr., - GC - [p~] - to BHA - 3/11/65.

(Restriction on Remarriage in Georgia - RAIV [J~] - to Associate Commissioner, Operational Policy and Procedure - 6/21/83.)

DIVORCE -- RESTRICTIONS AGAINST REMARRIAGE -- GEORGIA Under Georgia law in effect between March 17, 1960 and April 3, 1979, both parties have the right to remarry unless there is in the pleading a special prayer that the other party be placed under a disability, and that party is placed under a disability by the jury or the judge. See Re opinion, Spouse's Benefits - Divorce Laws - Georgia - RAIV [K~] - to BRSI - 5/26/76.

(Restriction on Remarriage in Georgia - RAIV [J~] - to Associate Commissioner, Operational Policy and Procedure - 6/21/83.)

DIVORCE -- RESTRICTIONS AGAINST REMARRIAGE -- GEORGIA Under Georgia law, pursuant to Georgia Code Ann. §§30-123 and 30-125, a defendant left under a disability may subsequently file an action requesting removal of the disability in the same court wherein the action was granted. The petitioner has the right to remarry if the disability is removed.

(Restriction on Remarriage in Georgia - RAIV [Jarrett] - to Associate Commissioner, Operational Policy and Procedures - 6/21/83.)

2. OPINION

In your memorandum of May 13, 1982, you asked our office to review the Georgia law on divorce and remarriage and the Programs Operations Manual System (POMS) GN 00305.435 to determine whether the Georgia entry accurately reflects the Georgia law. Additionally, you wanted our office to provide your office with appropriate language to be included in the claims manual, including the effective date for the change, if we found that a modification was necessary.

The information which you are seeking was supplied in earlier memoranda. In the opinion captioned Spouse's Benefits - Divorce Law - Georgia - RAIV [K~], to BRSI, 8/26/76 (copy attached hereto), our office advised your office to revise the then current Georgia entry. It appears that the introduction to the entry was changed but the suggested language was never incorporated as recommended.

In order to make the Georgia entry accurately reflect the Georgia law, it is necessary to make the following revisions. First, two new sections must be added. One section must be added to cover divorces which were granted before 1946. The second addition must be added to cover divorces which were granted between 1960 and 1979. It is necessary to make these two new entries because divorces granted during the various periods must comply with the law as it existed during the time the divorces were granted. In conjunction with these new entries another addition must be made. This addition must be added so as to inform a party who has been placed under a disability that such disability can be removed, thereby, giving the party the right to remarry. Finally, the introductory sentence to the existing section must be revised so as to accurately reflect the law during that time which it purports to represent.

The first new entry which represents the period before January 28, 1946, should read as follows:

"A total divorce granted plaintiff in a divorce action would not free defendant to remarry unless final jury verdict authorizing divorce specifically removed defendant's disability to remarry." See opinion Re C~ Charles J ~, G.C. [P~], to BHA, 2/11/1965.

The second new entry which represents the period from March 17, 1960 through April 5, 1979 should read as follows:

"Where the divorce was decreed after March 17, 1960, both parties have the right to remarry unless there is in the pleadings a special prayer that the other party be placed under a disability, and that party is placed under a disability by the jury or the judge." See Spouse's Benefits - Divorce Law - Georgia, supra.

With regard to removing the disability, Georgia Code Ann. § 30-123 provides for the subsequent filing of an application for removal of the disability by subsequent action in the same court wherein the divorce was granted, and § 30-125 specifies when and how the action is to be tried.

Finally, the introductory sentence to the current Georgia entry which reads "prior to April 4, 1979" should be revised to read as follows: "From January 28, 1946 to March 17, 1960."

In response to your second request, we have reviewed the Georgia entry and made necessary revisions. Accordingly, we developed the summary containing appropriate language to be inserted for the current entry. The suggested revisions should read as follows:

Georgia

Prior to 1946, a total divorce granted plaintiff in a divorce action would not free defendant to remarry unless final jury verdict authorizing divorce specifically removed defendant's disability to remarry.

From January 28, 1946, to March 17, 1960, a party to a Georgia divorce could not remarry during the lifetime of the former spouse unless (1) the divorce was granted to such party, o