Several clients contact our firm daily to express their frustration that they’ve been served with divorce documents by their spouse, but they’re not yet ready for the marriage to end. These clients often wonder if they can stall the divorce process by not responding to the complaint/petition for divorce or otherwise not participating in the process. Unfortunately, although it takes two parties to marry, it only takes one party to divorce. In other words, if your spouse wants to be divorced, she/he can still be granted a divorce in spite of your disapproval.
FAILING TO ANSWER A COMPLAINT/PETITION FOR DIVORCE CAN HAVE GRAVE CONSEQUENCES
Failing to file a timely response to a complaint/petition for divorce can have severe consequences. For example, it may limit the time you have for discovery (the formal process of gathering pertinent information from the opposing party). Under Georgia law, the clock starts running on the discovery deadline (30) days after the date of the filing of the answer to the complaint/petition for divorce or (30) days after the date the answer was due, whichever is earliest.
Furthermore, by failing to timely file an answer to the complaint/petition for divorce, you may lose your right to notice of the final divorce hearing. This can result in your spouse being granted whatever she/he she desires as far as child custody and the allocation of marital property and debts at the hearing in your absence. Therefore, it is important not to delay seeking experienced counsel upon being served with a complaint/petition for divorce. If you are served with a complaint/petition for divorce, immediately contact The
Faucette Law Firm LLC at (770) 485-6620.