Q: Next step in GA uncontested divorce if husband doesn't respond to summons?
I filed for an uncontested divorce in Cherokee County, GA on February 10, 2025. My husband was served with the court summons on February 20, 2025. We have been separated for thirteen years and have no marital debt, no assets to divide, and our children are now adults. I have completed the family law workshop required for self-represented individuals in our county. I do not know if my husband responded to the court summons, but I suspect he has not. What should be my next step, and what should I file to be granted a divorce, given these circumstances?
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A: If you are both pro se (meaning that neither of you have a lawyer, but represent yourself) the court will likely reach out to you to schedule a hearing. If you hire a qualified family law attorney, they can file paperwork to get a hearing set for you and review your paperwork to ensure that nothing is missing that might be holding your case up.
A: I'm confused when you say he did not respond to the summons. If there is a court date then he should appear in court. But there should be no summons for him to respond too if the divorce is uncontested. When a divorce is uncontested the parties have signed all of the necessary paperwork and filed it, and the case would have been filed as uncontested. So first, I'm not sure if this is a contested divorce or an uncontested divorce. Only in a contested divorce should he be responding to a summons.
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A:
Since your husband has been served with the summons and has not responded, you can proceed with your uncontested divorce by filing a motion for default judgment. This means you ask the court to grant the divorce based on your husband's failure to respond within the required time frame, which is typically 30 days in Georgia.
Before filing for default judgment, check with the court to see if your husband has officially failed to respond. If there is no response from him, you can file a Request for Default Judgment, along with any required documentation, such as your completed divorce paperwork and proof of service.
Once the court receives the request and reviews the documents, they may grant the divorce without a hearing, as long as everything is in order. Be sure to confirm with the court if any additional forms or steps are needed to finalize the divorce, especially if there are no assets or debts involved.
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