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. Getting used to missing hearing dates or not giving any kind of notice before you don't show up could result in a motion of contempt being filed against you or the person who didn't show up. Penalties vary and are often influenced by the background of the case and the circumstances surrounding the absence.
Failure to appear in family court could result in anything from additional monetary fines to mandatory jail terms. In some extreme circumstances, court arrest warrants have been filed, leading to one of the parties having criminal records affecting their ability to maintain employment or gain custody of children in child support battles. Issues such as child custody, spousal support, and division of property may not yet have been resolved. These issues could be scheduled for another hearing.
If your spouse doesn't appear in those cases, the judge has two options. The first is to reschedule the hearing. The second is to decide on issues based on your testimony. There's a better chance that you can get what you want out of your divorce if your spouse doesn't show up. If you or someone close to you has missed a hearing in family court or you think you will miss a hearing in the near future, it's a good idea to contact an attorney before serious harm occurs.
Keep in mind that throughout this process, your spouse still has the right to defend their version by presenting arguments in court, as long as the judge has not yet issued the court's judgment. The Georgia family court has people who have waited a year or more to receive a hearing, making some judges unwilling to stray from their schedule without being presented with an important reason to do so. If your husband or wife has filed for divorce, they must “formally give or deliver” the documents to you. Whether you are the petitioner or the defendant, the divorce process can be fraught with complications.
If you are the person applying for a divorce (the person filing for divorce), you must first ensure that you have properly delivered the documents to your spouse. The term “default divorce” generally means that the divorce petition is granted in favor of the petitioner because the defendant has not responded. Although the court does its best to get all parties to schedule hearing dates, it's possible to miss a hearing. For more than 20 years, he has helped numerous spouses through complicated divorce cases, assuring them fair results.
To continue the process, you will need to submit additional documents to the judge showing that you have done everything possible to notify your spouse of your request for divorce. On the other hand, if you are the spouse filing the petition and your husband or wife refuses to file your answer, the court may grant a divorce in your favor.
