A Georgia court can grant the divorce itself without a trial when neither spouse disputes that the marriage is over.
The Test
Dickson v. Dickson, 238 Ga. 672 (1977), sets out how these motions work in a no-fault case: “In a no fault divorce, the assignment of blame is irrelevant; the issue is a search for the realities of the marital situation, i.e., whether the marriage has ended in fact. If this fact is undisputed by the pleadings, a judgment may issue upon the pleadings.”
The Court added that even where the pleadings do dispute it, a divorce can still be granted on summary judgment where the moving spouse pierces the pleadings by showing no genuine issue of material fact and the other spouse makes no valid counter showing.
When Both Spouses Want Out
For example, in Friedman v. Friedman, 233 Ga. 254 (1974), the husband sued for divorce on the ground that the marriage was irretrievably broken, and the wife’s cross action alleged the same ground along with cruel treatment. The trial court held that because both parties admitted in their pleadings that the marriage was irretrievably broken, there was no issue of fact for a jury, and granted the divorce to both parties on the pleadings. The Georgia Supreme Court affirmed.
When One Spouse Does Not
Similarly, in Kitchens v. Kitchens, 239 Ga. 643 (1977), the wife alleged cruel treatment and an irretrievably broken marriage, and moved for judgment on the pleadings. The husband denied she had grounds and asked that the divorce be denied. No affidavits were filed. The Court reversed, holding that because the husband disputed the grounds in his pleadings, “it was error to grant a judgment on the pleadings decreeing a divorce.”
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