When both spouses say in their pleadings that the marriage is irretrievably broken, there is nothing left for a jury to decide.
How It Works
Dickson v. Dickson, 238 Ga. 672 (1977), lays out the sequence. Because the question is “whether the marriage has ended in fact,” it follows that “[i]f this fact is undisputed by the pleadings, a judgment may issue upon the pleadings.”
The Court added that even a disputed case can end early: a divorce “can be granted on motion for summary judgment where the movant pierces the pleadings by showing there is no genuine issue on any material fact and there is no valid counter showing by the opposing party.”
The Leading Example
Friedman v. Friedman, 233 Ga. 254 (1974), is the case Dickson relies on. A husband filed for divorce alleging the marriage was irretrievably broken. His wife’s cross action alleged both cruel treatment and that the marriage was irretrievably broken. He admitted the marriage was broken but denied the cruelty, then moved for judgment on the pleadings.
The trial court held that because both parties had admitted the marriage was irretrievably broken, “there was no genuine issue of fact to be decided by a jury,” and granted the divorce to both parties.
Why the Wife Could Not Complain
She appealed, arguing the court should have heard oral evidence and honored her jury demand. The Georgia Supreme Court affirmed, reasoning that “one cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.”
Her cruel treatment count did not save the demand either. With the divorce properly granted on the no-fault ground, no fact question remained for a jury.
Contact Us
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!