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Until the defendant has received officially and properly the copy of the summons and complaint, the lawsuit cannot proceed. It is only after proper service of process has been made on a defendant that the court obtains personal jurisdiction over the defendant to impose an enforceable judgment of liability and damages. Without proper service of process, therefore, the court lacks jurisdiction to hear the case and the lawsuit must be dismissed. Pursuant to [ O. The sheriff will then go to the address provided to deliver the copy of divorce paperwork to your spouse.

If the spouse refuses to answer the door or takes other evasive action and avoids service, you can hire a private individual to track down your spouse and hand him or her the papers. Georgia law requires you to obtain a court approval before you hire such private individual. Although service has to be personal that is to serve the defendant directly , if the defendant is not home the summons and complaint can be left with someone who lives in the home a non-party adult or child over the age of In this case, you can simply send the summons and complaint together with an Acknowledgment of Service form to your spouse by mail.

If your spouse sends the form back to you, you can file it with the court. Sometimes, however, you cannot locate your spouse because he or she have moved out of the city or state without telling you a forwarding address. Also, in other cases you may not know where your spouse is because you and your spouse has lived apart for a long time without filing for divorce and you have lost contact with your spouse.

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If you do not know where your spouse lives or work, neither a sheriff nor a private process server will be able to serve the spouse. Publication satisfies constructive notice to the defendant, meaning that publishing information is sufficient to fulfill the notice requirement and the lawsuit may proceed even where the defendant have not actually received notice.

Pursuant to O. In addition, the plaintiff must complete and submit an Affidavit of Diligent Search form stating all efforts the plaintiff has made to locate the defendant. Or, if you are sure that the disagreements will stand, you may need to seek out the help of an experienced divorce attorney. If you are fortunate enough to be in a position to seek an uncontested divorce, you can begin the process immediately.

Divorce by Publication in Georgia | | Divorce Attorneys

Read on to learn about divorce in Georgia, and how to start your divorce. In , the divorce rate in Georgia was low, at 3. Georgia requires that you or your spouse be a resident of the state for at least six months before you are allowed to file for divorce. If your spouse is a resident of the state, you will need to file for divorce in the superior court of his or her county of residence.

You and your spouse can also both sign a venue waiver, which will allow you to file in your county. Georgia allows you to file for either a no-fault divorce or a fault divorce. No-fault is the more popular option, as you do not need to prove any fault on the part of your spouse for the dissolution of the marriage. A fault-based divorce requires that you list one of 12 fault grounds that are allowed by the state. Some of these grounds include adultery and desertion. Fault-based divorces can be used to seek custody of children or maintenance.

However, these issues move beyond the scope of an uncontested divorce. While it does not include the required divorce papers, it does provide important information that each couple should have during the divorce process. The main form you will want to complete is the Petition for Divorce, although you are likely to need a number of other documents to complete the divorce process.

How to File for Divorce in Georgia

You can ask the county clerk which forms you should use for your circumstances. Please consider that if you submit the divorce papers, omit necessary forms or fill out any of the divorce papers forms incorrectly, it will result in delays and added cost.

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To avoid costly errors, a good option is to complete your Georgia divorce papers online with CompleteCase. Our online divorce form preparation service makes the process easy.


When you have completed your divorce papers, you will want to file the forms with the county clerk where your spouse is a resident. You may want to call the clerk to verify that you have everything you need before you arrive, and that you bring the correct payment for the state filing fee. The clerk will tell you to bring at least two copies, as well as the original, so you have enough to file, keep for your record and to serve to your spouse.

Georgia requires you to serve copies of the divorce papers to your spouse.

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When you present your case to the court, you'll need documentation that shows how much on average you spend on things such as groceries and utility bills. A well-organized budget strongly supports a case that you'll need a certain amount of money every month in child support and alimony. How long will it take for the court to grant my divorce? How do courts grant child custody? You must have JavaScript enabled to use this form.


How to Get a Publication Divorce in Georgia

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