A Georgia divorce decree takes effect when it is signed by the judge and filed with the clerk, not when the judge announces the result.
Entry Is What Counts
Under OCGA 9-11-58(b), “[t]he filing with the clerk of a judgment, signed by the judge, with the fully completed civil case disposition form constitutes the entry of the judgment,” and “no judgment shall be effective for any purpose until the entry of the same.” Until that happens there is nothing to enforce and nothing to appeal.
A Decree That Reserves an Issue Is Not Final
In Sapp v. Sapp, 294 Ga. 435 (2014), a decree ordered the marital home sold but provided that if the parties could not agree on a listing price, the court would set one later. The Georgia Supreme Court dismissed the wife’s appeal, holding that “[w]hen a divorce is granted by a decree that reserves an issue to be determined later, the decree is interlocutory, not final.” She needed a certificate of immediate review and did not have one.
The title on the front page does not settle it. In Miller v. Miller, 282 Ga. 164 (2007), an order captioned “Final Judgment and Decree of Divorce” gave the parties ninety days to sort out certain government benefits and report back, with the court free to review what they did. That made the appeal interlocutory, and the application was dismissed.
Loose Ends That Do Not Delay Finality
Not every unfinished document leaves the case open. In Mermann v. Tillitski, 297 Ga. 881 (2015), a settlement agreement split a retirement account and left a spouse to draft the qualified domestic relations order. The Georgia Supreme Court held that “the finality of a divorce decree is not affected by the presence or absence of a QDRO.”
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!