A Georgia judge can grant an undefended divorce without ever holding an evidentiary hearing.
What the Statute Says
OCGA 19-5-10(a) is explicit. “An evidentiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required. If no evidentiary hearing is held, the determination of such matters may be made upon the verified pleadings of either party, one or more affidavits, or such other basis or procedure as the court may deem proper in its discretion.”
What It Looks Like in Practice
In Ellis v. Ellis, 286 Ga. 625 (2010), a wife never filed a responsive pleading, and the husband moved for a final judgment of divorce without an evidentiary hearing. The trial court granted it on his verified complaint and his domestic relations financial affidavit. The Georgia Supreme Court affirmed, holding the court had properly determined “that the asserted grounds for divorce are legal and sustained by proof” on that record.
Likewise, Russ v. Russ, 272 Ga. 438 (2000), held that where a husband was served in Georgia but asserted no defense, the trial court could fix child support “without even holding an evidentiary hearing.”
The Paperwork Is the Evidence
Even though no hearing is required, something still has to be in the record. Harold v. Harold, 286 Ga. 175 (2009), draws the line: “Although a trial court may be authorized, in the proper circumstances, to enter a final judgment in a divorce action without holding an evidentiary hearing, it is not under any circumstances authorized to enter a default judgment.” What is filed and sworn to is what the judge decides the case on, so a thin verified complaint is a real risk in an uncontested case.
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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!