Can the judge grant the divorce the day we go to court based on the papers filed and if she doesn't show can the hearing go on?

Asked almost 5 years ago - Atlanta, GA

I filed for divorce from my spouse. I filed a contested divorce because she says if I wanted the divorce I had to file it. We have no kids or financial obligations together. She fiiled an answer agreeing to the maritial settlement agreement and petititon for dissoultion with the exception to some of the verbiage, ie how long we were seperated, the county I state I have resided in, and a house we forclosed on together. We both are Georgia residents. The courts say we have to come to court because she didn't sign the maritial agreement and I can't get her to voluntary sign it. She says her lawyer didn't tell her she needed to sign it that she only needed to file an answer. As i mentioned in her answer she stated was in agreement with it except for the what i mentioned earlier.

Attorney answers (3)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . You do not have an uncontested divorce (which is one with a complete settlement of all issues in writing). Since you have a contested divorce you need to sit down with counsel and carefully determine your next steps.

  2. Christopher T. Anderson

    Contributor Level 14

    Answered . What I believe you are writing is that
    a) you have filed for divorce
    b) your wife has filed an answer, agreeing to the major items you proposed
    c) your wife has not signed a settlement agreement
    d) the court has scheduled a hearing.

    In this circumstance, if your wife has proper notice of the hearing, and does not show up or ask for a continuance, the hearing can go on.

    There are many potential pitfalls along the way, and I strongly suggest you seek legal counsel before finalizing your divorce to be sure you have done things correctly, and that you haven't made a mistake that may cost you later.

  3. Damon Sharad Bivek

    Contributor Level 12

    Answered . Your spouse must sign a Settlement Agreement that governs the terms of your divorce before a Judge will grant you a Final Judgment and Decree of Divorce. If your spouse refuses to sign a Settlement Agreement, you can still get divorced, but you will most likely need an attorney to accomplish this task. Judges are reluctant to grant divorces without you presenting all of the appropriate evidence and meeting your burden of proof. You must prove to the Court that your marriage is irretrievably broken and that there is no hope for reconciliation. You will also need to file a Domestic Relations Financial Affidavit, and have concrete proof that your Wife has been served with the divorce papers. I urge you to speak to a local attorney that practices in Family Law to find out your best options. Many attorneys offer free consultations.

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