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Hammack v. Hammack

The trial court was authorized to hold a hearing on the husband's divorce petition and to enter a final judgment and decree of divorce, since 30 days passed from when the wife's answer was due under O.C.G.A. § 9-11-12 a.

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Following the entry of a final judgment and decree of divorce, appellant Marianne Hammack “wife” filed a motion to set aside, which was denied by the trial court. We granted wife’s application for discretionary appeal from that order, and affirm the judgment of the trial court. Dale S. Hammack “husband” filed a complaint for divorce on January 14, 2005. Wife executed an acknowledgment of service on March 17, 2005, but did not return it to husband’s attorney until late April; husband’s attorney filed it with the clerk of court on April 29, 2005.1 On June 13, 2005, wife served husband with an answer and counterclaim. The following day, husband notified wife that a final judgment and decree of divorce had been entered on June 6, 2005, following a final hearing at an uncontested domestic relations calendar. Wife moved to set aside the final judgment on the basis that it was entered prematurely under Uniform Superior Rule 24.6.2 The trial court concluded that the final judgment was authorized under USCR 24.6 B because it was entered more than 46 days after service of the complaint. On that basis, the court denied wife’s motion to set aside.

The Uniform Superior Court Rules are to be read in conjunction with substantive law, and in case of conflict must yield to substantive law. Russell v. Russell , 257 Ga. 177 356 SE2d 884 1987; USCR 1. Thus, we look to our statutory law to determine whether the judgment in this case was entered prematurely.

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