A Georgia judge can dismiss your divorce case without your agreement, and the most common reason is that you did not do what the court told you to do.
The Grounds
OCGA 9-11-41(b) allows the other side to move for dismissal where the plaintiff fails to prosecute the case or fails to comply with the Civil Practice Act or with any order of the court. The same subsection lets a defendant in a bench trial move for dismissal once the plaintiff’s evidence is in, on the ground that the facts and the law show no right to relief.
Ignoring the Court Is the Usual Path
Bayless v. Bayless, 280 Ga. 153 (2006), shows how far this can go. A husband failed to comply with two discovery orders, did not appear for court-ordered mediation, and did not appear at the specially set final hearing, which the trial court found was not excused by a Colorado snowstorm. He was seen at an Atlanta party that evening. The trial court struck his answer and counterclaim and would not let his attorney tender evidence, though counsel could still cross-examine and argue. The Georgia Supreme Court affirmed.
Most of These Dismissals Are Final
Under OCGA 9-11-41(b), a dismissal for failure to prosecute, for lack of jurisdiction, for improper venue, or for lack of an indispensable party is not a decision on the merits. Any other dismissal is, unless the judge’s order says otherwise.
That last clause does the work. In Ivery v. Brown, 307 Ga. App. 732 (2011), a discovery-sanction dismissal order said nothing about prejudice, so it was with prejudice, and the Court of Appeals held the trial court had no power to change it in a later term of court.
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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!