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Served with divorce papers in Georgia: what to do next
Summary
In Georgia, you usually have 30 days after you're served to file an answer with the court.[1] Write down the date you were served.
If you don't answer, the case can go forward without you. Georgia doesn't grant a divorce by default, but the judge can decide the divorce, alimony, child support, custody and other issues based on your spouse's sworn papers or affidavits, with or without a hearing.[2]
Your answer says what you agree and disagree with. You can also file a counterclaim asking for what you want, such as custody, support or a share of property. Some courts also have a standing order with rules for both spouses while the case is open.
First, read everything you got
- The complaint (or petition) for divorce says what your spouse is asking the court for.
- The summons tells you the deadline to answer and where to file.
- There may also be a standing order with rules for both spouses while the case is open, a notice of a hearing date, or an order to attend a parenting seminar.
- Write down the date and how you were served, and keep every page together.
The 30-day deadline
Your answer is usually due within 30 days after you're served.[1] The day you're served doesn't count. If the last day falls on a weekend, you have through Monday, and if it falls on a legal holiday, through the next business day.[3] If the deadline is close, call the Superior Court clerk to confirm it.
The deadline is longer in two situations. If you signed and returned a waiver of service before being served, you generally have 60 days from the date the request was sent. If you were served by publication in a newspaper, you have 60 days from the date of the court's order for publication.[4]
If you miss it, the case goes into default. For 15 days after that, you can still open the default as a matter of right by filing your answer and paying court costs.[5]
Georgia doesn't allow a judgment by default in a divorce. Your spouse still has to prove the case.[6] But if you haven't answered, the judge can decide the grounds, alimony, child support, custody and other issues from your spouse's sworn papers or affidavits, and a hearing isn't required.[2] Answering on time is how you make sure your side is heard.
What goes in an answer and counterclaim
- The answer responds to each numbered paragraph of the complaint: whether you admit it, deny it, or don't have enough information to say.
- A counterclaim asks the court for what you want, such as custody, a parenting plan, child support, alimony or a share of property. Ask for everything you want from the divorce in this case: once the final decree is entered, claims that could have been raised in the case are generally barred.[7]
- If you think the case was filed in the wrong county, or you weren't served properly, say so in your answer or a first motion. Those objections are lost if they're left out.[1] A divorce is normally filed in the county where the responding spouse lives, if that spouse lives in Georgia, with a few exceptions.[8]
- Georgia's courts publish standard Answer and Counterclaim forms, one for divorces with children and one without.
- File the answer with the Superior Court clerk in the county where the case was filed, and ask whether there's a fee. Then send a copy to your spouse, or to your spouse's lawyer if they have one, usually by mail.[9] Keep a copy with the date you sent it.
Rules that may start now
- Some courts issue a standing order that applies in every family case and binds both spouses while the case is open. DeKalb's, for example, limits taking the children out of the court's jurisdiction, selling or getting rid of property outside the ordinary course of business, cutting off utilities and changing insurance. Read any order you received before making a big change.
- Before a temporary or final hearing on child support, alimony, property division or attorney's fees, each spouse must serve a sworn financial affidavit at least 5 days ahead.[10]
- If you have children, the court may require both parents to attend a parenting seminar of up to four hours. Courts that charge a fee have a way to waive it if you can't afford it.[11]
- On the usual no-fault ground, a divorce can't be granted until at least 30 days after you were served.[12]
- Once an answer contesting the case is filed, either spouse can ask for a jury on some issues by demanding one in writing on or before the case is called for trial.[13] A jury can't decide child custody; the judge does.[14]
If you agree with what your spouse is asking
Many cases settle. If you and your spouse agree on everything, you can sign a written settlement agreement, and the case can be finished as an uncontested divorce. Until a final order is signed, the deadlines in the papers still apply, so don't let the answer deadline pass while you talk.
If you don't feel safe
If you're in danger, call 911. Georgia's statewide domestic violence hotline is 1-800-334-2836 (1-800-33-HAVEN). A family violence protective order is a separate case and can be requested at any time.
Getting help quickly
Thirty days goes fast. A family lawyer can review the papers, file your answer and counterclaim, and tell you what to expect in your county. Some counties also have family law information centers for people handling their own case, and our county pages list local help.
Questions you might ask a lawyer
- What's my exact deadline to answer, and what should I file before it?
- What should I ask for in a counterclaim?
- Was the case filed in the right county, and was I served properly?
- Does a standing order apply to me, and what does it limit?
- Is there a hearing coming up that I need to prepare for?
Common questions
How long do I have to respond to divorce papers in Georgia?
Usually 30 days after you're served,[1] or 60 days if you signed a waiver of service or were served by publication.[4] Call the Superior Court clerk if you aren't sure of your deadline.
What happens if I don't respond to divorce papers in Georgia?
The case goes into default, though you can open it as a matter of right within 15 days by filing your answer and paying costs.[5] There's no divorce by default, but the judge can decide the divorce and issues like alimony, child support and custody from your spouse's sworn papers or affidavits, with or without a hearing.[2]
Do I need a lawyer to file an answer?
No. You can file one yourself, and Georgia's courts publish standard Answer and Counterclaim forms. A lawyer can tell you what to ask for in a counterclaim and whether you have objections that must be raised right away.[1]
Can I ask for custody or support in my answer?
Yes, in a counterclaim filed with your answer. It can ask for custody, a parenting plan, child support, alimony or a share of property.[15]
Sources
- ^ O.C.G.A. § 9-11-12, time to answer and objections that can be waived (Justia)
- ^ O.C.G.A. § 19-5-10, divorce cases that aren't defended (Justia)
- ^ O.C.G.A. § 1-3-1, counting deadlines (Justia)
- ^ O.C.G.A. § 9-11-4, service, waiver of service and publication (Justia)
- ^ O.C.G.A. § 9-11-55, default and opening a default (Justia)
- ^ O.C.G.A. § 19-5-8, no divorce by default (Justia)
- ^ O.C.G.A. § 9-12-40, a final judgment settles what could have been raised (Justia)
- ^ Georgia Constitution, Art. VI, Sec. II, Para. I, where divorce cases are filed (Justia)
- ^ O.C.G.A. § 9-11-5, serving papers after the complaint (Justia)
- ^ Uniform Superior Court Rule 24.2, financial affidavit
- ^ Uniform Superior Court Rule 24.8, parenting seminars
- ^ O.C.G.A. § 19-5-3, grounds for divorce and the 30-day rule (FindLaw)
- ^ O.C.G.A. § 19-5-1, jury trials (Justia)
- ^ O.C.G.A. § 19-9-3, judge decides custody (Justia)
- ^ O.C.G.A. § 9-11-13, counterclaims (Justia)
- Georgia courts, Answer and Counterclaim for Divorce with minor children (PDF)
- Georgia courts, Answer and Counterclaim for Divorce without minor children (PDF)
- DeKalb County standing order for domestic cases (PDF)
Laws and court rules change. If something here looks out of date, email help@divorce.city.