A Georgia divorce begins when one spouse files a complaint in superior court and ends when a judge signs a final decree.
How a Case Starts
The spouse who files is the plaintiff, and the other spouse is the defendant. Once the defendant is served with the complaint and summons, the Civil Practice Act gives that spouse 30 days to file an answer. The answer is where the defendant admits or denies what the complaint says and raises any defenses.
Nothing About a Divorce Is Automatic
Missing the deadline to answer does not end the case. In Rymuza v. Rymuza, 292 Ga. 98 (2012), the Georgia Supreme Court confirmed that “[d]efault judgments are not permitted in divorce suits, and even without pleading [a spouse] had the right to appear and contest at the trial.” The husband there had served his wife by publication and his lawyer repeatedly described the case as being in default. The Court held it was not, because both parties appeared and testified at a final hearing.
The Filing Spouse Still Has to Prove the Case
A judge cannot grant a divorce simply because nobody objected. Hammack v. Hammack, 281 Ga. 202 (2006), states the rule this way: where no defensive pleadings are filed, “it is incumbent upon the trial court to hear evidence in support of the plaintiff’s grounds of divorce and make an affirmative finding therefrom that the grounds are legal and are sustained by proof.”
So even an uncontested case needs proof of a legal ground for divorce. Between the answer and the decree, most cases involve some combination of temporary hearings, discovery, and settlement negotiation, and the issues nobody can agree on are decided at trial.
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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!