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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been served notice of divorce proceedings through

Customer Question

I have been served notice of divorce proceedings through publication. I found out late and did not have the opportunity to respond in the allotted 30 day time frame. In addition, i immediately called the county court (in my case Cobb County, GA) and asked them when the service was completed. They said that I had 60 days to respond. When I looked closer it seems that the time to respond was in fact 30 days. That time has passed. WHat should I do. I am aware that in Georgia, even if the defendant does not respond, it doesn't mean that you will necessarily lose any rites in court. However, what I would like to do is just settle out of court. I am in agreement with almost all that my wife is proposing. WHat, if anything, should I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Actually, unless one's spouse has actually moved for default judgment, it is not yet arguably too late to file a response. Ergo one can still file it even if late. Default judgment is not automatic; it must be requested. If one files a response before the default judgment is requested, then one's response counts, even if late.

So a response should be filed. Then the parties can mediate (normally court-ordered) and negotiate and decide on the asset division, etc.

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