If the written order in your case says something different from what the judge said out loud at the hearing, the written order controls.
An Oral Ruling Is Not a Judgment
In Mongerson v. Mongerson, 285 Ga. 554 (2009), the Georgia Supreme Court stated the rule twice over. “A trial court’s oral pronouncement is not a judgment until it is reduced to writing and entered as a judgment.” And oral pronouncements “are not binding because, while they may provide insight on the intent of the subsequent written judgment, any discrepancy between the written judgment and oral pronouncements is resolved in favor of the written judgment.”
OCGA 9-11-58(b) is the reason. A judgment is entered when it is signed by the judge and filed with the clerk, and no judgment “shall be effective for any purpose until the entry of the same.”
What That Costs in Practice
In Mongerson itself, the parties fought over the interest rate on an attorney fee award. The prime rate had moved between the day the judge announced the ruling in July and the day the written judgment was entered in October. Because the oral pronouncement was not a judgment, the later date governed.
In Williams v. Williams, 295 Ga. 113 (2014), a father asked at the hearing whether his child could ride to the store with the child’s stepmother, and the judge answered that he had no objection. The written order allowed her to drive the child only to school on Monday mornings. The written order is what took effect, and the father had to attack it on appeal rather than point to what the judge had said.
So read the proposed order before it is signed. That document, and not the transcript, is your divorce.
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!