QUESTION
Can my spouse get a divorce without serving me with papers? He keeps telling me they are coming first class mail, but I haven’t received anything.
Asked on Jan 05th, 2022 on Family Law - Georgia
More details to this question:
My spouse left me after moving to Savannah Georgia. He is now living in Jacksonville Florida. We’ve been living apart now for about 3 years and in October 2021, he said he wanted to formalize our divorce. So, he went through DivorceOnline.com instead of an attorney to get the paperwork. He first told me I should get the papers in November than said December before Christmas and now it’s January. I don’t know the laws so I’m asking if he could file without serving me because I thought you had to be served by law.
1 ANSWER
Domestic Relations Litigation Attorney serving Atlanta, GA
Partner at
Kaye, Lembeck, Hitt & French Family Law
Your spouse can file for divorce to begin the divorce process but for the divorce to proceed you have to be served. To be served, you can be personally served (by a sheriff or process server), you can acknowledge service (meaning you sign a document saying you received a copy of the divorce documents) or you can be served by publication (meaning he publishes a notice in the newspaper letting you know that he has filed for divorce). He should only do the service by publication if he does not know where you are, has no contact with you, has no way to get in touch with you, does not know any of your contact information, etc. (which likely does not apply here). Because you are the respondant (meaning he is filing and seeking the divorce so he is the petitioner), he should file the divorce in the county in which you live. You can check online to see if anything has been filed against you. Most counties in Georgia have electronic filing.
Answered on Jan 19th, 2022 at 5:40 AM