Some of my clients will ask me if the parties agree to all the conditions will they have to go to court? And the to answer that question depends on a few things. Although the court may, in appropriate cases, grant summary judgment on the pleadings or summary judgment that the moving party is entitled to divorce as a matter of law, no divorce decree may be granted unless all contestable issues in the case have been finally resolved. However, this does not prevent the entering of a final decree of divorce while reserving the issue of attorney fees for later determination. Where both parties have alleged as a ground for divorce that the marriage is irretrievably broken the court may grant a divorce on this ground by judgment on the pleadings. Moreover, where the plaintiff claims that the marriage is irretrievably broken and the other party simply alleges cruel treatment or desertion as grounds for divorce, the court may grant a divorce by judgment on the pleadings. Also, where the plaintiff alleges cruel treatment and the defendant claims that the marriage is irretrievably broken, the court may grant a divorce by judgment on the pleadings. Dixon v. Dixon 238 Ga. 672 (1977). The court may grant a divorce on the pleadings if the marriage ended in fact, and where the movant pierces the pleadings by showing that there is no genuine issue of material fact and that the marriage is irretrievably broken, and summary judgment or judgment on the pleadings should be granted. In fact, if the pleadings and evidence show clearly that the marriage is irretrievably broken, it is error for the trial judge to refuse to grant a divorce. It goes without saying that where divorce is granted on the grounds that the marriage is irretrievably broken, it must be granted to both parties, and it is error for the trial judge to refuse to do such. Allowing the language and that the new 13th ground for divorce being that the marriage is irretrievably broken keeps the spouse from having to say bad things about the other spouse in its complaint for divorce. Contacted Dallas Georgia family Law lawyer today to help you with your case.
