Legal Question in Family Law in Georgia

Pending Divorce never served public service only

soon to be ex wife has tried to serve me divorce papers to no avail as i travel frequently. I did however receive a notice via regular mail that there was some sort of service by publication being made.

My question is: What happens if I never answer any of these as I have not being notified personally? Also, Can I file my own divorce papers against her at the same time as I have not been served? How does the court typically deal with these matters?


Asked on 7/31/08, 5:32 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Pending Divorce never served public service only

Your questions indicate that you badly need to sit down with a lawyer IMMEDIATELY. Apparently you have been served, and the meter is running on your response. No, you cannot file a second case. A lawyer may however be able to file a counterclaim or other defenses. This is not a do it yourself project. Call me if you need assistance and are in this area.

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Answered on 7/31/08, 9:50 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: Pending Divorce never served public service only

A service by publication is just as effective as personal service. If you do not respond she will present her side of the story and you will not have your day in court. You need to get an attorney and file a counterclaim immediately. You should not file a separate divorce case when you know she has already filed one.

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Answered on 8/01/08, 9:34 am


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