Georgia divorce law allows a person to end her marriage even if she is unsure where her spouse lives or how to locate him. The process is not complicated, but certain steps must be followed. In most cases, filing for a divorce by publication takes a little bit longer to finalize than filing an uncontested divorce by agreement.
Where to File a Divorce by Publication in Georgia
Under state law, a divorce by publication action should be filed in the Georgia county where the missing spouse last lived. If the last known address of the spouse is out of state or country, then the person filing the divorce – also known as the Plaintiff or the Petitioner – should file with the clerk of the Superior Court in the county where she resides, as long as she has lived in the state of Georgia for at least 6 months.
What Forms and Documents to Use to File a Divorce in Georgia
According to the Clayton Family Law Center, where all of the necessary documents to file for a divorce by publication can be downloaded for personal use, the following documents should be prepared, signed and filed to begin this type of action:
- Domestic Relations Case Filing Form
- Summons
- Complaint for Divorce without Minor Children
- Verification
- Affidavit of Diligent Search
- Order of Publication/Order Perfecting Service
- Notice of Publication
- Domestic Relations Case Final Disposition Form
- Report of Divorce, Annulment or Dissolution of Marriage Form
Although the forms at the link are specific to Clayton county, the same paperwork can be used to file for a publication divorce in any Georgia jurisdiction as long as the name of the county is changed. If children are involved, the same forms can be used, but the filing party should use a complaint for divorce with minor children.
How to File a Divorce by Publication in Georgia
In a publication divorce, the petitioner will open the case with a petition for divorce telling the court that she cannot find her spouse. Along with the petition, the filing party presents a document called an affidavit of diligent search.
The affidavit of diligent search sets forth everything the petitioner has done to locate her missing spouse. It is important that this affidavit be thorough. It mmust include the names and phone numbers of friends and family members who the affiant has spoken to in an effort to find their spouse, dates when they spoke to the person and what the person told them. It should also include the spouse’s last known address, phone number and place of employment.
It is not necessary for the filing party to pay a private detective to try to find a missing spouse, but the petitioner should check phone books and internet directories and any other accessible sources in order to represent to the court that a genuine effort has been made to find the person.
Notice of Publication as Means of Service on a Missing Spouse
Once the case has been filed and the Judge accepts the affidavit of diligent search as valid, an order will be entered allowing the missing spouse to be served by legal publication. A notice stating that a divorce action has been filed against him will run in the official legal vehicle of the county where the action was filed for 4 consecutive weeks.
The clerk of court will usually handle sending this notice to the paper, but the Plaintiff will be responsible for paying the cost of publication. Usually, this is approximately $20/week for a total of $80. The publication fee is paid in addition to a filing fee that is paid to the Clerk of Court to open the action.
Divorce filing fees in Georgia are approximately $75. Parties who are filing a publication divorce pro se, or without using an attorney, should call the clerk of court and verify all of the fees before making a trip to the courthouse.
Finalizing a Publication Divorce in Georgia
The missing spouse has one week from the date of the last publication notice to respond to the divorce action. If the spouse does not respond in the allotted time, the divorce is considered uncontested, and the Plaintiff can schedule a final hearing in front of a Judge in order to finalize that divorce.
A Judge can grant the actual divorce in a publication action, but he cannot make any decisions regarding child custody, child support or division of property. The entire process usually takes 2 -3 months, depending on the court’s schedule.
For more information concerning self-representation at a final hearing, read Self Representation in Court without an Attorney.
For more information concerning filing a divorce by agreement, read How to File for Uncontested Divorce in Georgia.
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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