If one spouse doesn't respond to a divorce petition in Georgia, it won't stop the divorce process from moving forward. Instead, it can create negative consequences for the alleged defendant. If one of the parties wants to divorce, the court will grant the divorce to that party. If you definitely want to get a divorce, it's important that you know all your options. If saving the marriage is out of your reach, you can still obtain a divorce.
You don't need your spouse's consent or approval. You can file for a no-fault or no-fault divorce in Georgia. While in our experience, spouses often agree to immediately, or over a period of time, unopposed divorce documentation, sometimes our clients find themselves at an impasse where nothing seems to work. In the unfortunate event that your spouse refuses to accept and sign uncontested divorce documentation, you will need to present your case in a legal proceeding known as a contested divorce.
In short, if you are sued for divorce or paternity, legal entitlement, separation, or other lawsuit in the state of Georgia, you must file an answer. Georgia courts require a 30-day waiting period after filing for a divorce so that the couple can reconcile. However, some courts require that one of the parties appear at the conclusion of an uncontested case (when the parties have reached a settlement agreement) to swear under oath the elements of the divorce. You can try talking to your spouse, but delaying it longer than necessary will lead to frustration, especially when you've already made a decision.
For more than 20 years, he has helped numerous spouses through complicated divorce cases, assuring them fair results. Uncontested cases (cases where there is absolutely no disagreement about any issues related to the divorce) can be resolved fairly quickly. Finally, some people simply need more time to think about whether they are really ready for divorce. In addition, if the petitioning spouse has accusations about you, such as adultery, it will be more difficult for you to defend yourself if you don't present your arguments in a formal response.
Seek the help of a divorce attorney if you're having trouble defending yourself against an unfair divorce lawsuit. Divorce is rarely a simple process, even with the best intentions, so it's not unusual for the other party to object or delay in time, as well as possible unusual difficulties, such as locating her to notify her of your intention. This option eliminates offensive language and prevents one party from being blamed for the divorce. In a default divorce, the judge can grant division of property and debt, child support, child custody, and alimony depending on what the filing spouse requests.
These issues may be too much for just the two of you to address, but not enough to cause a true divorce. If your husband or wife has filed for divorce, they must “formally give or deliver” the documents to you. If you are satisfied, the judge can proceed as if your divorce had not been contested and your spouse had signed the divorce papers. The reason for these additional obstacles is that a default divorce essentially eliminates your spouse's right to participate in the divorce and to have a say in the process.
