When your spouse amends a petition against you in Georgia, you are usually not required to file anything in response.
Anything New Stands Denied
In Sherrington v. Holmes, 306 Ga. App. 270 (2010), the Court of Appeals stated the rule plainly: a party “was not required to answer the amended petition in the absence of an order directing her to do so, and any allegations in the amendment automatically stood denied.”
The Court quoted the rule that “[a]verments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.” Silence is not agreement.
You Generally Get Fifteen Days
You may still want to answer. The Court in Sherrington said “a party generally is entitled to 15 days to respond to such an amendment even where a trial court orders a response.”
A New Claim Revives Your Right to Be Heard
This part matters most if you did not answer the original petition. In Sherrington, a father filed a petition to legitimate his son. The mother did not oppose it. Four days before the hearing, he amended to ask that the child’s surname be changed and that the court decide custody. She appeared without a lawyer, and the trial court awarded him primary physical custody.
The Court of Appeals reversed. Her failure to answer the original petition, “while serving to waive any defense to the original claim for legitimation, did not waive her right to respond to [his] subsequent request for a determination of custody.” Having had “at most, a little over one business day’s notice,” she had no reasonable opportunity to respond, and it was premature for the court to decide custody at that hearing.
So watch what an amendment actually adds. New relief means a new chance to be heard on it.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!