Port Orange, FL asked in Divorce and Family Law for Georgia

Q: Do I need to start divorce filing over.

My wife filed for divorce Feb 2022. I was never served. We were leaving separate and she did not have my address therefore she filed a order for service by publication and then an affidavit of publication followed by a rule nisi being filed. I was never informed of a hearing date. Since rule nisi was filed on March 31st 2022 there has been no movement on case. We have no kids and no properties together. Unsure on why judge did not grant divorce or divorce Nisi or divorce absolute? Should I start refilling process over ?

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2 Lawyer Answers

A: No. You should make an appearance and enter into an agreed decree of divorce with your wife.

Some judges are leery of granting a divorce when the only method of service has been by publication.

Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: If the case was never finalized or dismissed, it is still open. If you are going to represent yourself in this action you will need to go through the process of having a court date assigned for trial. You may also consider filing an Answer unless you agree with eveyrhing she stated in her pleadings.

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