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
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.