Under Georgia law, what is the status of interspousal immunity?

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Under Georgia law, the status of interspousal immunity is such that it is recognized, meaning that, traditionally, spouses could not sue each other for personal injuries in civil court. This legal doctrine reflects historical views about the unity of marriage and is meant to preserve marital harmony. However, it is important to note that interspousal immunity in Georgia has been limited by court interpretations over time, and there may be exceptions or situations where spouses can pursue claims against each other, particularly in the context of intentional torts or when the spouses are separated or divorced.

The other options present misunderstandings of the doctrine. While some jurisdictions have completely abolished interspousal immunity, Georgia maintains its recognition, albeit with nuances that can affect its applicability. Additionally, it does not only apply in criminal cases, and it is not restricted solely to divorce proceedings, as these situations concern broader personal injury claims in civil court rather than being limited to the divorce context. Thus, the recognition of interspousal immunity in Georgia reflects a middle ground where certain claims may be valid under specified conditions.

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