The spouse who files for divorce in Georgia still has to prove the case, even when the other spouse never files anything at all.
What the Statute Requires
OCGA 19-5-8 says the allegations of the pleadings “shall be established to the satisfaction of the court.” OCGA 19-5-10(a) puts the duty on the judge: “In divorce cases which are not defended by the responding party, the judge shall determine that the asserted grounds for divorce are legal and sustained by proof or shall appoint an attorney of the court to discharge that duty for him.”
What the Courts Say
In Hammack v. Hammack, 281 Ga. 202 (2006), where a wife’s answer arrived a week after the decree, the Georgia Supreme Court explained what the no-default rule actually means: “While there is no judgment by default in a divorce case, this rule means no more than that in any divorce case where no defensive pleadings are filed it is incumbent upon the trial court to hear evidence in support of the plaintiff’s grounds of divorce and make an affirmative finding therefrom that the grounds are legal and are sustained by proof.” That language comes from Harris v. Harris, 228 Ga. 562 (1972), and Georgia courts have repeated it ever since.
The Judge Cannot Award More Than You Asked For
The proof requirement has a companion limit. In Hackbart v. Hackbart, 272 Ga. 26 (2000), a wife’s complaint asked for a divorce, custody, and property titled in her own name, but said nothing about child support. The husband never answered or appeared, and the trial court ordered him to pay $900 a month. The Georgia Supreme Court reversed that award: “A trial court may not award relief beyond that sought in the complaint when the defendant does not file defensive pleadings and does not appear at trial.”
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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!