No. A counterclaim in a Georgia divorce automatically stands denied, and you do not have to file anything to answer it.
The Rule
Under OCGA 9-11-12(a), no responsive pleading to a counterclaim is required unless the court orders one, and the counterclaim automatically stands denied. Every allegation in it is treated as though you had denied it in writing.
You Do Not Lose Your Right to Notice
That matters most when the case takes an unexpected turn. In Carroll v. Carroll, 237 Ga. 441 (1976), a husband filed for divorce and his wife answered and counterclaimed for alimony. He never replied to the counterclaim, and no order required him to. He then dismissed his divorce suit. A final hearing went forward without notice to him, and his wife was awarded permanent alimony, which she later tried to collect by garnishing his retirement income.
The Georgia Supreme Court reversed. Because no court order required him to answer, the counterclaim “remained automatically denied” and the husband was entitled to notice of the final hearing. A party who files no defensive pleadings at all can waive notice. Not answering a counterclaim is different.
You Can Still Raise Your Defenses
The rule also protects the defenses you have to the counterclaim. In Bailey v. Bailey, 283 Ga. App. 361 (2007), a father never responded to the mother’s counterclaim and raised his objection to it in a written motion shortly before trial. The Court of Appeals held that was proper, because OCGA 9-11-12 lets a party assert at trial any defense to a claim that required no responsive pleading.
So silence costs you nothing here. A counterclaim is still a live claim your spouse is asking the judge to grant, and it still has to be met with evidence at the hearing.
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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!