Thirty days from the day you are served.
Where the Deadline Comes From
There is no special divorce deadline. OCGA 19-5-8 applies the ordinary rules of civil pleading and practice to actions for divorce, alimony, and custody, and the ordinary rule is OCGA 9-11-12(a)(1): “a defendant shall serve an answer within 30 days after the service of the summons and complaint upon the defendant, unless otherwise provided by statute.”
The Clock Starts at Service, Not at the Return
This trips up lawyers, not just self-represented parties. In Ewing v. Johnston, 175 Ga. App. 760 (1985), a defendant was served on June 25, the sheriff’s return of service was filed on July 6, and the answer went in on August 5 – 41 days after service, but within 30 days of the return. Counsel and the trial court had both understood the return date to start the clock.
The Court of Appeals disagreed: “We conclude that the 30 days within which a defendant has to file an answer begins to run from the date of service and not from the filing of the return.” The reasoning is practical. Failure to file a return does not invalidate service, so if the clock ran from the return it would never start in a case where no return was filed.
A Motion to Dismiss Changes the Date
Under OCGA 9-11-12(a)(2), serving a motion under that Code section alters the answer deadline unless the court sets a different time. If the court denies the motion or postpones deciding it until trial, the answer is due within 15 days after notice of the court’s action. If the court orders a more definite statement, the answer is due within 15 days after that statement is served.
If you need more time, ask before the 30 days run out.
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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!