Georgia law strongly favors settlement agreements, and a divorce court will generally make an undisputed agreement its own judgment rather than try the case.
What the Courts Say
In Sanders v. Graves, 297 Ga. App. 779 (2009), the Court of Appeals stated the general rule: “settlement agreements are highly favored under the law and will be upheld whenever possible as a means of resolving uncertainties and preventing lawsuits.” Divorce is no exception. In Robinson v. Robinson, 261 Ga. 330 (1991), the Georgia Supreme Court spoke of Georgia’s “strong public policy of encouraging negotiations and settlements” and of superior courts that “encourage parties to reach settlements rather than waiting years to find a place on the crowded dockets.”
What That Means for Your Case
The policy has teeth. In Herndon v. Herndon, 227 Ga. 781 (1971), the spouses told the judge they had settled, and the husband later refused to sign the written version. The Supreme Court held that where the parties reach a “definite, certain and unambiguous” settlement that neither denies, “it is the duty of the court to make the agreement the judgment of the court and thereby terminate the litigation.” That the case was a divorce “would not vary it from the rule applicable in other civil action.”
Second Thoughts Do Not Undo It
Settling means giving up a trial. In Vereen v. Vereen, 226 Ga. 500 (1970), announcing a settlement and letting the jury go was “a waiver of jury trial as to all issues in the case.” And in Sanders v. Graves, the settling party said on the record that the deal was “not what I want.” It was enforced anyway, because “the law cannot concern itself with Sanders’s lingering discontent over a bargain struck on the record and with the benefit of counsel.”
The judge still reviews the agreement before adopting it, and settling is not collusion. Separate posts cover both points.
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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!