Service of process in Georgia family law cases

In the state of Georgia, you have to file a complaint for divorce in the state’s Superior Court if you wish to end your marriage. Once the court issues a final decree and judgment concerning your divorce, you are legally permitted to remarry. It’s important to be clear about the service of process in the state to make sure you’ve completed all of the requirements.

Service of process

It is crucial that you serve your spouse with legal forms that outline the complaints you have against them. If the papers are not properly served, the courts will not have the authority to decide your divorce case. The legal system mandates that the defendant has a right to be notified that they are being sued. This is why serving your spouse with divorce papers in person is often the best method, but there are some exceptions.

Provisions for service of process

If you’re serving divorce papers, you’ll need to check box A on the document to indicate that your spouse will sign the Acknowledgement of Service. You’ll have to give your spouse a copy of the Complaint for Divorce once it is completed and have your spouse sign the Acknowledgement of Service. When your spouse signs the form, they are informing the court that they did receive the divorce petition and don’t need to be served a copy of the petition, which is usually delivered by the sheriff.

Additional information

You should check box B on the divorce petition if your spouse is a resident of Georgia but does not reside in the same county where you are filing for divorce, or if your spouse resides in another state and will cooperate with your divorce filing.

You can use paragraph C if your soon-to-be-ex lives in the same country where you are filing for divorce. Read paragraph D and use this paragraph only if you’re filing in the county where you and your spouse last shared a residence.

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

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