Tuesday, September 8, 2009

Divorce and Service By Publication

Here's a nightmare scenario for you! What do you do if you want to divorce your worthless spouse, "Sluggo," but he has left town for parts unknown? Are you doomed to remain "Mrs. Sluggo" forever simply because you cannot find him and serve him with divorce papers?
Thankfully, Georgia law generally allows for service by publication in situations where Sluggo's whereabouts cannot be determined. But you still must jump through several hoops in order to convince the judge to issue an order allowing for service by publication in the local newspaper.
For instance, you must submit an affidavit to the court, (prepared for you by your divorce lawyer), showing that you have exercised due diligence, but you were unable to find good old Sluggo. For example, the judge will expect you to have contacted his last known employer, his neighbors, his relatives, or any friends you both know, along with perhaps conducting an online search for him.
This list is merely illustrative and you may think of other ways to show due diligence in trying to find your wayward spouse. You see, the judges just want to be sure that you have actually searched for Sluggo, and that he doesn't actually live across the street from you! Also, the judges want to see that you are not "trying to pull a fast one" by getting a divorce without giving Sluggo fair notice, (i.e. by the preferred way of personally serving him and giving him his day in court)!
So, do not despair if Sluggo has left you, for parts unknown, to see the world! You can still get a divorce through service by publication! And then, you can see the world, free as a bird!


  1. In Georgia how many judges have to sign to allow the divorce by publication

  2. You would need to consult with an attorney where you live, but here, the general answer would be: one judge would approve and sign such an order. Thanks for the visit and please come again!