You can call off your own Georgia divorce case without asking the judge, but only up to a point in the case.
The Deadline
OCGA 9-11-41(a)(1) lets a plaintiff dismiss without a court order in two ways: by filing a written notice of dismissal at any time before the first witness is sworn, or by filing a stipulation of dismissal signed by everyone who has appeared. After the first witness is sworn, OCGA 9-11-41(a)(2) takes over and the case can be dismissed only by order of the court, on whatever terms the judge thinks proper.
The Court of Appeals restated the rule in Bromaghim v. Ligon, 905 S.E.2d 196 (2024), where a plaintiff dismissed as the jury was about to be empaneled. Absent a pending counterclaim, a party may dismiss without prejudice by filing written notice before the first witness is sworn, and the dismissal generally leaves the trial court without jurisdiction to take further action in the case.
What It Costs You
Dismissing is not free. Bromaghim confirms that the court keeps jurisdiction to tax the costs of the case against the party who dismissed, and OCGA 9-11-41(d) requires you to pay the costs of the first suit before you refile.
There is also a limit on second thoughts. Under OCGA 9-11-41(a)(3) a dismissal is normally without prejudice, but a second notice of dismissal operates as a decision on the merits.
If Your Spouse Filed a Counterclaim
The rule above assumes there is no counterclaim. If your spouse has filed one, dismissing your complaint may not end the case, and it may not be yours to end alone.
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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!