A Georgia judge who decides your divorce without a jury does not have to explain how the result was reached unless a party asks for it in time.
The Request and the Deadline
Under OCGA 9-11-52(a), in all nonjury trials the court “shall upon request of any party made prior to such ruling, find the facts specially and shall state separately its conclusions of law.” In Payson v. Payson, 274 Ga. 231 (2001), the Georgia Supreme Court held that “ruling” in that sentence is synonymous with “judgment.” So a request filed six days after the judge announced the decision out loud, but 36 days before the written judgment was entered, was timely.
Ask after the written judgment is entered and OCGA 9-11-52(c) leaves it to the judge’s discretion. The statute also does not apply at all to an uncontested divorce.
Custody Cases Have an Earlier Deadline
Under OCGA 19-9-3(a)(8), a party must request findings “on or before the close of evidence in a contested hearing.” The permanent custody order then has to “set forth specific findings of fact as to the basis for the judge’s decision.”
What Counts as Findings
In Cockerham v. Cockerham, 359 Ga. App. 891 (2021), a father who had requested findings received a two-page order observing that he used expletives in an email. The Court of Appeals vacated the modification of parenting time and sent the case back, noting that “[a] mere recitation of the events that took place at the trial does not satisfy the requirements of OCGA ยง 9-11-52 (a).”
If Nobody Asks
In Crowder v. Crowder, 281 Ga. 656 (2007), neither spouse requested findings, and the Georgia Supreme Court was “unable to conclude that the trial court’s equitable distribution of marital property was improper.”
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!