In a contested divorce, the answer to this is simple – YES. Since it is a contested matter, a hearing before a judge or jury will be required in order for them to make a final decision regarding the division of assets, child support, child custody, alimony, etc. In an uncontested divorce, however, the answer is somewhat complex and confusing.
For an uncontested divorce, the following factors need to be reviewed when determining whether you need a final hearing: 1) the county in which your divorce is filed; 2) the judge assigned to your case; and 3) whether you and your spouse have children. Each of these factors provides an important role in answering this one simple question. According to O.C.G.A. § 19-5-10(a), there are two ways to finalize a divorce in Georgia once you and your spouse have entered into a settlement agreement. You can either attend a final hearing or by a “Motion for Judgment on the Pleadings”,which is an option available only to attorneys. If you and your spouse are representing yourselves in your divorce, you must have a final hearing.
It may seem unusual, but each judge in a certain county handles final divorce hearings very differently and not all of the judges in a particular county may allow a “Motion for Judgment on the Pleadings” to finalize a divorce. You can have two judges in a particular county and one of them accepts a “Motion for Judgment on the Pleadings” while the other judge requires a final hearing.Also, it is not uncommon for judges to accept a “Motion for Judgment on the Pleadings” only if the parties do not have any children under the age of 18. If you and your spouse have children, the judge will require a hearing to finalize your divorce.