Once a pretrial order has been entered, you can no longer amend your pleading on your own.
What Replaces the Right
OCGA 9-11-15(a) provides that after entry of a pretrial order “the party may amend his pleading only by leave of court or by written consent of the adverse party. Leave shall be freely given when justice so requires.”
That leaves two routes. Get your spouse’s lawyer to sign a written consent, or file a motion asking the judge. The standard on the motion is generous, but it is still the judge’s call, and the amendment does not become part of the case until you have one of the two.
Two Points of No Return
R.A.F. v. Robinson, 286 Ga. 644 (2010), collects the later cut-offs. A party who had already lost tried to file a further amended petition after judgment had been entered. He had neither leave of court nor consent – the other side expressly opposed every post-judgment filing – and he argued the case was still within the breast of the court because the term had not ended.
The Georgia Supreme Court affirmed the dismissal of the amendment and named two lines that cannot be crossed. “[O]nce a verdict is returned or a motion for directed verdict is sustained, it is too late to amend even pending remittitur.” And the right to amend, broad as it is, “may not be exercised after a case has been tried and a judgment rendered therein which has not been set aside or vacated.”
What This Means for Your Case
Raise it early. If you learn something that changes what you want out of your divorce, the cheapest moment to put it in your pleadings is before the pretrial order is entered, when nobody has to approve it.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!