A Georgia divorce is contested when the spouses still disagree about something – the divorce itself, custody, support, or how to divide what they own.
The Rule That Defines a Contested Case
Uniform Superior Court Rule 24.7 is titled “Contested Divorce Actions” and provides that although a court may in appropriate cases grant judgment on the pleadings or summary judgment that a party is entitled to a divorce as a matter of law, “no divorce decree shall be granted unless all contestable issues in the case have been finally resolved.”
So a Georgia judge cannot end your marriage now and sort out custody or alimony later. In Brochin v. Brochin, 277 Ga. 66 (2003), the Georgia Supreme Court explained that the intent of the rule “was to put an end to the practice of granting a no-fault divorce and severing the marital relationship without simultaneously resolving issues of alimony and child custody.”
The One Thing That Can Be Left Open
Attorney fees. Brochin involved a husband and wife who could not resolve custody and went to trial. The court entered a final decree but reserved the fee question, then later awarded the wife $40,000. The husband argued Rule 24.7 forbade that. The Supreme Court disagreed, holding the rule “was not intended to abolish the longstanding ability of Georgia’s courts to preserve the issue of attorney fees, as long as that issue is raised prior to the entry of final judgment.”
What a Contested Case Involves
Because every disputed issue has to be decided before the decree, a contested divorce generally means temporary hearings to set arrangements while the case is pending, discovery to exchange financial information, and either a negotiated settlement or a trial. That is why contested cases take considerably longer than uncontested ones.
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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!