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40.050 Mental Incapacity at Time of Marriage; Incurable Mental Illness; Divorce
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Description
40.050 Mental Incapacity at Time of Marriage; Incurable Mental Illness; Divorce The following grounds shall be sufficient to authorize the granting of a total divorce a. mental incapacity at the time of the marriage or b. incurable mental illness. However, no divorce shall be granted upon this ground unless the mentally ill party shall have been adjudged mentally ill by a court of competent jurisdiction or certified to be mentally ill by two physicians who have personally examined the party; and the party has been confined in an institution for the mentally ill or has been under continuous treatment for the mental illness for a period of at least two years immediately preceding the commencement of the action; and until the superintendent or other chief executive officer of the institution and one competent physician appointed by the court shall, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory, and intelligence as to prevent the party from comprehending the nature, duties, and consequences of the marriage relationship; and that in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his/her life. Notice of the action shall and must be served upon the guardian of the person of such mentally ill person and the superintendent or other chief executive officer of the institution in which the person is confined. In the event there is no guardian of the person, then notice of the action shall be served upon a guardian ad litem appointed by the court in which such divorce action is filed, and the superintendent or the chief executive officer of the institution in which the person is confined shall also be served notice. Such guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce. O.C.G.A. §19-5-3(11)
