Due process in a Georgia divorce comes down to two things. As the Court of Appeals put it in Sedehi v. Chamberlin, 344 Ga. App. 512 (2018), it “is, at its core, the right of notice and the opportunity to be heard.”
Notice of the Hearing That Actually Happens
Notice of a court date is not notice that your case will be tried that day. In Threatt v. Threatt, 360 Ga. App. 223 (2021), a wife representing herself missed what both sides agreed was a status hearing. The trial court dismissed her answer and counterclaim and tried the divorce in her absence.
The Court of Appeals reversed. “Wife did receive notice of a status hearing, but this was insufficient notice that the case would proceed to trial.” What due process requires is “notice that is reasonably calculated to inform interested parties of an impending hearing and afford them an opportunity to present their objections.”
A Chance to Defend the Claim Actually Decided
In Sedehi, the wife’s answer to the divorce petition asked for an annulment and damages for fraud. She never pleaded alimony and never asked for it at trial; the judge raised it. The final judgment awarded her $105,000 in lump-sum alimony.
Reversed. The husband “had no meaningful opportunity to be heard or to prepare a defense to that claim.” A judge cannot award relief nobody asked for over the other side’s objection.
What It Does Not Guarantee
Speed, or any particular procedure. In Coppedge v. Coppedge, 298 Ga. 494 (2016), eight months passed between the trial and the entry of the final order, and the Georgia Supreme Court found no due process violation. Neither constitution “guarantees a particular form or method of procedure,” so long as a party has reasonable notice and a chance to present a claim or defense.
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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!