§ 19-5-10.Duty of judge in undefended divorce cases; appointment of attorney; evidentiary hearings; evidentiary attacks on prior judgments
Chapter 5. Divorce · Last amended 1990 · Last verified October 9, 2026
Full Text of § 19-5-10
Plain-English Summary
This section governs divorce cases the responding spouse does not defend. Because § 19-5-8 forbids default judgments, someone still has to check the case. Subsection (a) puts that duty on the judge: the judge shall determine that the asserted grounds for divorce are legal and sustained by proof, or shall appoint an attorney of the court to carry out that duty for the judge.
The section then frees the court from holding a hearing in every case. An evidentiary hearing to decide whether grounds exist, and to decide alimony, child support, child custody and other issues, is authorized but not required. If no hearing is held, the court may decide those matters on the verified pleadings of either party, on one or more affidavits, or on any other basis or procedure the court deems proper in its discretion. This is what allows an undefended Georgia divorce to be decided on paper. Child support decided this way must still follow the guidelines in § 19-6-15 and appear in the decree as § 19-5-12(c) requires.
Subsections (b) and (c) are transition rules tied to July 1, 1987. Subsection (a) applies to proceedings pending on July 1, 1987, and to those filed on or after that date. Any attack on a divorce judgment entered before July 1, 1987, based on an alleged failure to properly establish evidence supporting the judgment, had to be commenced before July 1, 1988, or it is barred. That bar adds to any other bar and does not revive a claim already barred. The section was amended in 1990.
Frequently Asked Questions
Do I have to go to court for an uncontested divorce in Georgia?
Not necessarily. In a divorce the respondent does not defend, an evidentiary hearing is authorized but not required. Without a hearing, the court may decide on the verified pleadings of either party, one or more affidavits, or another basis or procedure it deems proper. Whether to hold a hearing is the court’s call.
Can custody and child support be decided without a hearing in Georgia?
Yes, in an undefended divorce. The section lists alimony, child support and child custody among the issues the court may decide without an evidentiary hearing, using verified pleadings, affidavits or another proper basis. Child support must still be set under § 19-6-15, and the decree must include the details § 19-5-12(c) requires.
What does it mean that the judge may appoint an attorney of the court?
In an undefended divorce, the judge must determine that the grounds are legal and sustained by proof. The section lets the judge either do that personally or appoint an attorney of the court to carry out that duty for the judge. Either way, someone must check the grounds before the divorce is granted.
Is an undefended divorce the same as a default divorce?
No. Section 19-5-8 forbids default verdicts and judgments in divorce cases. In an undefended case under this section, the judge still determines that the grounds are legal and proved, though the proof may come from verified pleadings or affidavits rather than live testimony.
Can I challenge an old Georgia divorce because no evidence was taken?
For divorce judgments entered before July 1, 1987, such a challenge had to be commenced before July 1, 1988, or it is totally barred. This section does not set a deadline for later judgments, and other statutes or rules of law can bar such attacks as well. Anyone considering a challenge should get legal advice.
Amendment History
Laws 1987, p. 565, § 2; Laws 1990, p. 1315, § 1.
Formerly Code 1863, § 1687; Code 1868, § 1730; Code 1873, § 1735; Code 1882, § 1735; Civil Code 1895, § 2455; Civil Code 1910, § 2974; Code 1933, § 30-129.