If your spouse lives outside Georgia and cannot be served in person, a judge can allow you to serve the divorce by publishing a notice in the newspaper.
When Publication Is Available
OCGA 9-11-4(f)(1)(A) allows service by publication when the person to be served “resides outside the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of the summons.” You show this by affidavit, and the judge or clerk enters an order. The statute says plainly that it “shall apply to all manner of civil actions, including those for divorce.”
Try Personal Service First
If you know where your spouse is, publication is not an option. In Southworth v. Southworth, 265 Ga. 671 (1995), the husband knew his wife had moved out of Georgia and simply mailed his divorce claim to her old Georgia address. The Georgia Supreme Court set the decree aside, holding that “[i]f he knew her address, he should have attempted to have her served personally,” and “[i]f he did not know her address, he should have attempted to have her served by publication.”
Likewise, McDade v. McDade, 263 Ga. 456 (1993), holds that where a nonresident’s address is known, publication works only if the plaintiff proves the defendant actually received notice or waived it.
How the Publication Itself Works
Under OCGA 9-11-4(f)(1)(C), the clerk publishes the notice in the paper carrying the sheriff’s advertisements “four times within the ensuing 60 days, publications to be at least seven days apart.” If you know your spouse’s address, the clerk mails a copy of the notice, the order, and the complaint there within 15 days. The notice directs your spouse to answer within 60 days of the order.
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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!