Can You Refuse to Give Your Spouse a Divorce in Georgia?

By Heather Frances J.D.

Your spouse may file for divorce, believing the marriage is over, but even if you aren’t ready to divorce just yet, it’s really not possible to refuse to divorce your spouse in any state, including Georgia. You can slow down the divorce process, but eventually the divorce will go through, even if your spouse has to refile the case to make it happen.

Your spouse may file for divorce, believing the marriage is over, but even if you aren’t ready to divorce just yet, it’s really not possible to refuse to divorce your spouse in any state, including Georgia. You can slow down the divorce process, but eventually the divorce will go through, even if your spouse has to refile the case to make it happen.

Grounds

Georgia offers both fault-based and no-fault reasons -- or grounds -- for divorce. Fault-based grounds require the filing spouse to prove to the court that the grounds exist. For example, if your spouse files for divorce based on adultery, she must prove that you committed adultery. If she does not provide enough evidence, or if you successfully dispute her evidence, the court may dismiss the divorce case for lack of proof. However, she can refile her case based on the no-fault ground of irretrievable breakdown of the marriage, which does not require significant proof.

Divorce is never easy, but we can help. Learn More

Service of Process

Generally, your spouse must serve you with a copy of the complaint she filed with the court, and the court will not allow the case to go forward without proper service. You can attempt to dodge service by avoiding the process server or sheriff who comes to give you the papers. However, eventually, they will probably be able to serve you. Even if you successfully dodge service, Georgia law allows an alternate method of service -- by publishing notice in the newspaper -- so the divorce will eventually proceed.

Residency

Georgia law requires either you or your spouse to have been a resident for at least six months before your spouse files her complaint. If this residency requirement was not met, you can raise this issue to the court, and the court may dismiss the case. However, this won’t stop the divorce either since your spouse could file again when either of you has lived in Georgia for the required six months.

Contesting Divorce Terms

You can also contest the terms your spouse proposed in her complaint, such as property division, custody and spousal support. Disagreement about these terms can slow the divorce process considerably. However, the divorce will eventually be granted once the court reaches a decision on each disputed matter.

Divorce is never easy, but we can help. Learn More
How to File for Divorce Through the State of Utah

References

Related articles

How to Get a Divorce If You Are an Inmate in a State Prison in Georgia

Divorce is the legal recognition that your marriage has ended. If you or your spouse is an inmate in a state prison in Georgia, either one of you can still file for divorce. However, to file for divorce in Georgia, you must follow the proper procedure including meeting the state’s residency requirements, filing a divorce complaint with the appropriate court, and serving the other spouse with a copy of the divorce complaint.

My Spouse Is Unwilling to Sign Divorce Papers in Georgia

Filing for divorce is a stressful process, and it is not always the case that both spouses want the divorce to proceed. A party to a divorce may have many reasons to refuse to sign the divorce papers, including anger or frustration. But you can still obtain a divorce in Georgia even if your spouse refuses to sign the divorce papers.

Can a Husband Get a Divorce if His Wife Will Not Give Him Consent in Massachusetts?

Divorces can be a simple process if both spouses agree to the divorce and its terms, including property division, alimony and child custody. However, spouses can divorce even if they do not agree on the terms of the divorce, and neither spouse can prevent a divorce by not giving consent in Massachusetts.

Get Divorced Online

Related articles

What if My Wife in New York State Refuses to Divorce Me?

Until 2010, if you lived in New York and your wife refused to divorce you, she could have complicated the situation ...

What to Do If Your Spouse Filed an Uncontested Divorce & You Did Not Know?

A divorce doesn't start out as uncontested – it ends that way. In most states, uncontested simply means that ...

Can You Get a Divorce in 30 to 31 Days in Georgia?

Filing for divorce can be hard and unpleasant, making it likely you will want your divorce finalized as soon as ...

How Long Can a Divorce Be Postponed in Indiana?

For all practical purposes, Indiana is a no-fault state. Its statutes don't include the typical fault grounds of ...

Browse by category