Rule 24.7.Contested Divorce Actions
Rule 24. DOMESTIC RELATIONS · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 24.7
Plain-English Summary
Rule 24.7 answers a narrow but practical question: can a judge grant a divorce piecemeal while custody, property, or support issues are still being fought over? The rule says a court may find, through judgment on the pleadings or summary judgment, that a party is entitled to a divorce as a matter of law — the underlying grounds are not in real dispute even though other issues are.
What the court cannot do is issue the divorce decree itself while any contestable issue remains open. The decree waits until custody, support, alimony, and property division are all finally resolved, so the parties end up with one comprehensive judgment rather than a divorce granted in isolation followed by piecemeal rulings on everything else.
Frequently Asked Questions
Can a Georgia superior court grant judgment on the pleadings that a party is entitled to a divorce?
Yes, in appropriate cases, the court may grant judgment on the pleadings or summary judgment that the moving party is entitled to a divorce as a matter of law.
Can the court issue the actual divorce decree while custody or property issues are still contested?
No. No divorce decree shall be granted unless all contestable issues in the case have been finally resolved.
Does Rule 24.7 let a court resolve the grounds for divorce separately from custody and property issues?
The court may determine entitlement to a divorce as a matter of law, but it withholds the actual decree until every contestable issue in the case is resolved.
Is summary judgment available on the question of whether grounds for divorce exist?
Yes, the rule expressly allows summary judgment on that question in appropriate cases.
What kinds of issues would delay entry of a divorce decree under this rule?
Any contestable issue in the case — which typically includes disputes over custody, support, alimony, or division of property — must be finally resolved before the decree can be granted.