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What is Notice by Publication for the Purposes of a Divorce?

Under Georgia law, there are specific ways in which you must give notice, or service of process, to your spouse that you have filed for divorce. Probably the most common way to complete service is to have a sheriff or private process server personally deliver a copy of the divorce papers to your spouse.  If your spouse agrees, you also can have your spouse sign an acknowledgment of service and file it with the court. An acknowledgment is a document that lets the court know that your spouse has received copies of the divorce paperwork.

Suppose, however, that you don’t know where your spouse is currently living, and you have been unable to find him or her to serve with divorce papers. Or perhaps your spouse has left the state or country, and although you have tried to find him or her, you have been unable to find an address. In this case, the court may permit you to obtain service through publication. There is, however, a cost to publication that varies from one county to the next.

If the court orders that you may serve your spouse through publication, the clerk will have notice of your divorce published in the newspaper in which sheriff’s advertisements are published. Publication must occur four times within a 60-day period. Each publication must be at least seven days apart. The published notice will give basic information about your divorce proceedings, including a directive for your spouse to file an answer to divorce within 60 days.

Serving your spouse by publication can be complex, and only an experienced Georgia divorce lawyer can assist you in meeting all of the necessary legal requirements. 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.