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Divorce. Georgia. Need to answer to divorce complaint

Customer Question
divorce Lawyer's Assistant: Because...

divorce

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Need to answer to divorce complaint without minor children

Submitted: 8 months ago.Category: Family Law
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Answered in 6 minutes by:
12/17/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,926
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

Here is answer and counterclaim for divorce.This has step by step to allow you to complete the process.You file it in same court as divorce was filed in .

http://www.southernjudicialcircuit.com/selfhelp/miscforms/answer.pdf

This will allow to put it all in dispute and you may work on resolving it or having court divide up the property.

I appreciate the chance to help you today.Thanks again and the best to you.

If you can positive rate 5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

Since Georgia is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

There are no factors listed in the statutes regarding what is considered by the court when distributing the property upon divorce.

The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court's equitable powers to execute effectually and fully the jury's verdict. (Georgia Code - Sections: 19-5-13)

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

O.C.G.A. 9-11-12 (2010)
9-11-12. Answer, defenses, and objections; when and how presented and heard; when defenses waived; stay of discovery

(a) When answer presented. A defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by statute. A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied.

30 days here to get answer and counter claim on file.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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