How to Get a Divorce When You Don't Know Where He Is in Haralson County, GA?

By Rebecca Hayley

Filing for divorce in Haralson County, Georgia, when you are unable to locate your spouse requires additional paperwork. Whether you choose to file your divorce yourself, use an online legal service or hire an attorney, being unable to locate your spouse can change the grounds on which you may be granted the divorce, the jurisdiction where you file, the length of your waiting period and the method you are required to give him notice of your petition for divorce.

Filing for divorce in Haralson County, Georgia, when you are unable to locate your spouse requires additional paperwork. Whether you choose to file your divorce yourself, use an online legal service or hire an attorney, being unable to locate your spouse can change the grounds on which you may be granted the divorce, the jurisdiction where you file, the length of your waiting period and the method you are required to give him notice of your petition for divorce.

Grounds

When filing for divorce you must list on the petition the reason you wish to divorce. No-fault divorce means you wish to divorce simply because you and your spouse do not get along and can no longer live together. Georgia allows twelve other grounds on which divorce may be sought, including desertion. If your spouse deserted you for a period of no less than one year, you may seek divorce based on desertion.

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

Jurisdiction

To initiate a divorce proceeding in Haralson County, Georgia, either you or your spouse need to have resided in Haralson County for the previous six months. If you are the one filing for divorce, jurisdiction is normally granted to the county where your spouse lives. When your spouse's location is unknown, however, you may file in the county where you have lived for the past six months. You need to indicate on the petition for divorce that his location is unknown to you.

Filing the Divorce

Georgia requires certain information to be included in the petition for divorce, including the location of both spouses. If you are unable to locate your spouse, you may file an affidavit, a sworn document to the court, detailing the steps you have taken to locate your spouse and stating you have been unable to find him. The affidavit will be filed with the court along with your divorce papers. Sample or printable forms for the petition and affidavit can be found online through third-party document preparation services. At the time of publication, Haralson County courts do not provide divorce forms. Once you have prepared the paperwork, you then file it with the Haralson County clerk of the court and serve your spouse by publication.

Service by Publication

The court requires you to serve the divorce petition on your spouse. When you are unable to locate your spouse and have filed an affidavit with the court describing your due diligence in unsuccessfully locating him, Georgia allows the court to order service by publication. Service by publication allows you to place a legal notice in the newspaper where he last resided, notifying him of your divorce filing. You are responsible for the publication fees. Keep track of the days your notice is published; you need to file a notice of publication with the court. The notice of publication form can be found on the Superior Courts of the State of Georgia website.

Waiting Period

Divorces in Georgia are subject to waiting periods, which vary depending on circumstances. When one party is served by publication, the waiting period for the court to enter the final decree of divorce is at least 61 days after the first date of publication. Once this time has passed without the other party filing an answer, the judge may grant your uncontested divorce.

Divorce is never easy, but we can help. Learn More
Where Do You Look When Your Name Is Put in the Newspaper for Your Divorce?

References

Resources

Related articles

How to File for a Divorce When the Other Party Is Not Available in Pennsylvania

If you are seeking a divorce in Pennsylvania, but are unable to locate your spouse, you must follow the state’s procedure for divorce by publication. The process takes some extra steps to ensure you’ve made a good-faith effort to locate your spouse; otherwise, the basic court forms and procedures are the same as when you file a typical, simple divorce.

How to Serve the Petition for Divorce in Georgia

Service in a divorce rarely comes with a smile. The term refers to the process of getting a copy of your petition for divorce into the hands of your spouse. The Constitution guarantees every person the right to participate in a court proceeding against him and a divorce action is no exception. As the petitioner in a divorce action in Georgia, you are responsible both for making sure your spouse is properly presented with a copy of the initial paperwork and also for proving to the court that he received it. Georgia statutes provide several ways to accomplish these legal requirements.

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.

Get Divorced Online

Related articles

How to: Divorce Notice for an Absent Spouse

If you’ve lost track of your spouse and no longer know where he’s living, you can still get a divorce. The ...

Florida Divorce Laws With a Missing Spouse

When you are unable to locate your spouse, you may still obtain a divorce under Florida law, but it takes some extra ...

How to File for Divorce in Kansas City, Missouri

Five counties are included in the 319 square miles that make up metropolitan Kansas City, Missouri. State laws govern ...

How to File a Divorce in the Dallas County Courts

To file for a divorce in Dallas County, Texas, at least one party to the divorce must be a resident of Texas for a ...

Browse by category