Ellis v. Ellis

For the following reasons, I must respectfully dissent.

1. It is axiomatic that “[n]o verdict or judgment by default shall be taken in any [divorce] case.” OCGA § 19-5-8. Rather, regardless of whether the defendant files an answer or otherwise litigates the case, “the judge shall determine that the asserted grounds for divorce are legal and sustained by proof.” OCGA § 19-5-10 (a). Indeed, “even though notice of the hearing on the final decree is waived by failure to file responsive pleadings, the allegations of the petition must still be established by evidence. [Cit.]” Youmans v. Youmans, 247…