A Georgia civil case in which no written order is taken for five years stands automatically dismissed, and divorce cases are no exception.
Where the Rule Comes From
Two statutes say the same thing: OCGA 9-2-60(b) and OCGA 9-11-41(e). Neither requires anyone to file a motion, and no judge has to sign anything. If five years pass with nothing written entered in the case, the case is simply gone.
It Applies to Divorce and Alimony Cases
Lovett v. Lovett, 225 Ga. 251 (1969), is the Georgia Supreme Court applying the rule to a divorce. In a divorce suit, the court awarded temporary alimony in 1944, pending the final adjudication and until the further order of the court. Nothing further was done in the case. Years later, a petition for contempt was filed to collect on that award.
The Court held that once the divorce suit had been pending five years with no written order taken in it, the suit “was automatically dismissed, and that carried with it the order for temporary alimony.” A temporary order lives on the case that produced it. When the case ends, so does the order.
What Survives
Not everything was lost in Lovett. The Court held that the temporary alimony order “was valid until the automatic dismissal,” so every payment that came due before that date was still owed and still enforceable by contempt. Only the future obligation disappeared.
The Practical Point
A divorce that has gone quiet is not safe. If you are living on a temporary support order while the case sits, watch the docket, and make sure something in writing is entered before the five years run.
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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!