If you never file anything in a Georgia divorce, the case can be tried and decided without anyone telling you when it is happening.
What the Statute Says
OCGA 9-11-5(a) provides that “the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief.”
It happens by operation of the statute, not by a judge’s choice.
How Harsh That Can Be
Lucas v. Lucas, 273 Ga. 240 (2000), shows it. A husband acknowledged service of his wife’s divorce complaint through his own lawyer, but filed no responsive pleadings. On the morning of December 10 there was a domestic dispute and he was taken into custody. Later that same day, with no notice to him, the wife obtained a protective order and a final decree of divorce.
The Georgia Supreme Court affirmed the denial of his motion to set the judgment aside. “When a defendant in a divorce action fails to file defensive pleadings, the divorce is, by definition, uncontested. Failure to file defensive pleadings constitutes waiver of notice of the hearing on the final decree.”
What the Waiver Does Not Cover
New claims are held back. In Harris v. Harris, 258 Ga. 496 (1988), a wife’s complaint said her husband was entitled to the marital home. At an ex parte hearing she asked for the house herself and the judge awarded it to her. Reversed: “a party is entitled to notice of issues not raised in the complaint which are decided by the court in a divorce action, notwithstanding the fact that no answer has been filed.”
Contact Us
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!