A Georgia judge can decide issues in a divorce case without a trial, but only when there is nothing genuinely in dispute for a factfinder to resolve.
What the Statute Says
Under OCGA 9-11-56(c), judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” The same subsection preserves “the right to trial by jury where there are substantial issues of fact to be determined.”
In Watkins v. Watkins, 256 Ga. 58 (1986), where a husband’s mother intervened in a divorce to claim a lien on the marital home, the Georgia Supreme Court described the inquiry as “whether there remains after consideration of the pleadings, depositions, answers to the interrogatories, admissions on files and affidavits any genuine issue of material fact.” Because the husband had given contradictory testimony about his intent, that issue remained and summary judgment was reversed.
Competing Affidavits Defeat the Motion
The judge is not deciding who is telling the truth. In Steis v. Steis, 297 Ga. 483 (2015), a husband asked for partial summary judgment declaring that assets titled in both spouses’ names were his alone. He denied ever making a gift of them to the marriage. His wife swore that the couple had agreed everything acquired during the marriage was theirs to share and had deliberately titled it jointly. The Georgia Supreme Court held that “[t]hese competing affidavits create a factual dispute precluding summary judgment in Husband’s favor on this issue.”
So the point of the motion is not to weigh the evidence. It is to find out whether there is any real conflict in 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!