They do. A divorce in Georgia is a civil lawsuit, and the same discovery rules that apply to any other civil case apply to yours.
What the Statute Says
Under OCGA 19-5-8, “[t]he same rules of pleading and practice applicable to ordinary civil actions shall apply to actions for divorce, alimony, and custody of minor children, except as otherwise specifically provided in this chapter.” That carries the discovery provisions of Georgia’s Civil Practice Act, OCGA 9-11-26 through 9-11-37, into your case. Those sections are what allow either spouse to take depositions, send written questions, demand documents, ask the other side to admit facts, and in the right case ask the judge to order a physical or mental examination.
How Long Discovery Lasts
Uniform Superior Court Rule 5.1 requires that discovery be “commenced promptly, pursued diligently and completed without unnecessary delay and within 6 months after the filing of the answer.” Where no answer is filed within 30 days of service, the six months starts 30 days after service instead. The judge may open, extend, reopen, or shorten that period at any time, so the six months is a default and not a guarantee.
Get Any Change to the Schedule in an Order
In Stewart v. Stewart, 260 Ga. 812 (1991), the parties obtained a consent order extending discovery by 90 days. The case was called for trial before that time ran out, the husband and his attorney did not appear, and the trial court struck his answer and granted his wife an uncontested divorce. The Georgia Supreme Court reversed, holding that “once a written order pertaining to discovery is issued, the parties may rely upon the order until such time that it is properly vacated.”
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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!