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Can I Finalize my Georgia Divorce Without Going to Court?

In Georgia, whether you have to go to court to finalize your divorce depends on many factors, including whether the divorce is contested, the county in which the divorce is filed, the Judge who is assigned to your case, and whether you and your spouse have children together. If your divorce is contested, then you will have to go to court to finalize regardless of the other factors listed above. This is because a contested divorce, by its very name, means that the parties have not reached an agreement on some or all of the divorce issues (equitable division, child custody, child support and alimony) and they, therefore, need a Judge to make a final decision and grant the final divorce.

An uncontested divorce, however, is not as black and white. Whether you have to go to court to finalize your uncontested divorce varies by county, or even by Judge. In Georgia, there are two ways to finalize a divorce once the parties have entered into a full marital dissolution agreement - by a final hearing, or by a Motion for Judgment on the Pleadings. Though Georgia law allows Motions for Judgment on the Pleadings if all issues are resolved, some Judges want the parties to come to court to finalize, no matter the circumstances. Other Judges may require the parties to come to court to finalize if they have children, while parties without children can file a Motion for Judgment on the Pleadings. (It should be noted that a Motion for Judgment on the Pleadings is only available to attorneys. If the parties are representing themselves, they must have a final hearing.)

Unfortunately, parties and attorneys do not have any control over the Judge that is assigned to the case. Therefore, though it may be frustrating, you and your spouse may end up having a final hearing to finalize your divorce, even if all issues have long since been resolved.

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