What do I do if I am served with a Complaint for Divorce?
Each person reacts differently when he or she is served with a Complaint for Divorce. Some people are shocked and rendered speechless while others may remain calm. The best advice that we can give to you is not to panic. As we mentioned in a previous blog, there are three ways that someone can be served with a Complaint for Divorce in Georgia. If you were personally served, you were either handed the Complaint and Summons from a Deputy from your county’s Sheriff Department or by a private process server, who is someone in plain clothes who is authorized by the court to serve the paperwork. You may also have received a package from your spouse’s attorney with a copy of the Complaint and Summons as well as an Acknowledgment of Service form. According to O.C.G.A. § 9-10-73, you can sign an Acknowledgment of Service form in front of a notary and you do not need to be served by the Sheriff or a private process server because you are waiving additional service.
Once service is effectuated on you, whether you are personally served or you acknowledged, it is important to know that the clock on your case starts running. Once you are served, we recommend that you contact an experienced family law attorney to explain the next steps in the divorce process. If you have children, we highly recommend retaining an attorney, such as the ones in our firm, to represent you. It is very important that you are aware of the upcoming deadlines and do not miss any of them. According to O.C.G.A. § 9-11-12(c), you have thirty days from the date on which you were served or acknowledged service to file an Answer with the Clerk of Court, which is basically a written response to your spouse’s Complaint for Divorce. It is important to calculate the date on which it is due and to keep track of this date on a calendar so you do not miss this important deadline. When you are preparing your Answer, you must respond to each individual paragraph in the Complaint. If you agree with one of the paragraphs of the Complaint, then you would put “admit”. If you disagree with one of the paragraphs, however, you would put “deny”. Also, you can file a counterclaim according to O.C.G.A. § 9-11-13(a).
It is important to carefully review the documents that you received to make sure that there are not any additional dates or deadlines. It is not uncommon for an opposing attorney to schedule a temporary hearing when he or she files the divorce paperwork with the court. If he or she schedules a hearing, a Rule Nisi will be included in the package that you receive (if your divorce is in Fulton County, then a Notice to Attend 30-day Status Conference will be included). It is important that you mark this date on the calendar and to make sure that you attend this hearing. The judge assigned to your case will not be happy if you miss a hearing because you forgot the court date and he could rule in your spouse’s favor. Also, the opposing attorney may include discovery, such as Interrogatories or Requests for Production of Documents, with the Complaint for Divorce. As we mentioned in a previous blog, you have forty-five days from the date you were served or acknowledged service to respond to the discovery.
