Georgia Default Divorce — What to Do When Your Spouse Won't Respond (2026)
Your spouse was served. 30 days have passed. No response. You can proceed with a default divorce in Georgia.
What Is a Georgia Default Divorce?
A default occurs when the defendant fails to file an answer within 30 days of being served. Once you enter default, you can proceed to a final hearing and obtain your divorce without your spouse's participation.
Step-by-Step: Georgia Default Divorce
Step 1 — File and Serve
File your Complaint for Divorce. Serve your spouse through the sheriff (~$50).
Response deadline: 30 days from service.
Step 2 — Wait for the Deadline
After 30 days with no answer, proceed.
Step 3 — File Entry of Default
File an Entry of Default with the Clerk of Superior Court. This formally records that the defendant failed to respond. Attach your proof of service.
Step 4 — Prepare Your Proposed Final Decree
Prepare your Final Decree with the terms you're requesting. Be reasonable — judges review default decrees carefully. Proposed terms that seem grossly unfair may be questioned.
If children are involved: include Parenting Plan and Child Support Worksheet. The judge applies the best interest standard regardless of whether your spouse appeared.
Step 5 — File for Hearing
Contact the court to schedule a hearing. File your proposed Final Decree and Settlement Agreement in advance.
Step 6 — Attend Default Hearing
Appear alone. Present your case. The judge reviews your proposed terms and signs the Final Decree if satisfied.
Step 7 — File Signed Decree
Get certified copies. Done.
Service by Publication (Spouse Can't Be Found)
If you cannot locate your spouse after a diligent search:
- File a motion for permission to serve by publication
- Document your diligent search attempts
- Court authorizes publication
- Publish notice in a local newspaper once per week for 4 weeks
- After final publication, defendant has 60 days to respond
Cost: approximately $150–$300 in newspaper fees plus court costs.
Timeline and Cost
| Stage | Time |
|---|---|
| Filing | Day 1 |
| Sheriff service | Day 1–14 |
| Response deadline | Day 31 |
| Enter default | Day 32+ |
| Final hearing | 2–6 weeks after default |
| Total typical time | 2–4 months |
| Expense | Cost |
|---|---|
| Filing fee | $215–$230 |
| Sheriff service | ~$50 |
| Publication (if needed) | $150–$300 |
| Certified copies | $15–$30 |
| Total | $280–$610 |
Last reviewed: March 2026
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.