Your spouse typically will receive notice that you have filed for divorce when a county sheriff or a private process server personally “serves” or delivers a copy of the divorce complaint to him or her. Once the sheriff or server gives your spouse a copy of the complaint, he or she will fill out a form and file it with the court. This form is usually referred to as an entry of service or an affidavit of service. There is usually a fee to have a divorce complaint served by either the sheriff or a process server, which may vary from one Georgia county to another.
You cannot get divorced unless your spouse is “served” officially in one of the ways that Georgia law prescribes. It is not sufficient to simply mail or hand a copy of the divorce complaint to your spouse. You have to use one of the methods of service that is prescribed by Georgia law.
If you and your spouse are in agreement about getting divorced, your spouse can avoid being personally served by the sheriff or a process server by signing an acknowledgment of service form in front of a notary public. This form is then filed with the court. This method is a less expensive way of getting proper service when your spouse used to live in Georgia, but now lives in another state. If your spouse still lives in Georgia, but lives in a different county than you, he or she can file an acknowledgment of service and waiver of venue form, which serves both as an official form of service and an agreement to have the divorce heard in the county in which you have filed it.
A Georgia divorce lawyer will ensure that your spouse gets the proper legal notice in your divorce. Enlisting the assistance of an experienced divorce attorney is key to meeting all of the legal requirements necessary to resolving your divorce.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.