If your spouse won’t cooperate with a divorce request, you may wonder what happens next. In Georgia, while “default divorce” is not officially recognised, divorce still does not require agreement from both spouses.
One person can move forward, even if the other tries to avoid the process. Here are some crucial points to remember.
What happens if your spouse doesn’t respond?
Once a divorce petition is filed and properly served, the other spouse has 30 days to respond. If they do nothing, the court may still schedule a hearing and proceed without their involvement. The judge will review the petition, examine the facts, and decide whether to grant the divorce based on Georgia law.
You must provide all required documents and evidence. This includes proof that the marriage is irretrievably broken and, if relevant, details about property, debts or children.
A spouse may try to delay things by refusing to respond, hiding to avoid being served or failing to appear at hearings. This can slow the case but not stop it. If your spouse can’t be located, the court may allow service by publication. After that, the case can proceed without their participation.
What the court considers in one-sided cases
The court still examines issues like property division, custody and support. The absent spouse gives up their chance to influence these decisions. However, the judge will ensure that all rulings are fair and legal.
While a spouse can ignore a divorce request, Georgia courts will not let that stop the process from moving forward. If you find yourself in a situation like this, it’s essential to seek legal guidance.