If your spouse will not sign the divorce papers or cannot be located, you can still get divorced. It may just complicate the process, and it could make the divorce take longer, but there are options you can use to end the marriage.
Things do go more smoothly when both people sign the divorce petition and participate in the legal process. After all, you will need to take other steps, such as potentially making a child custody schedule or making financial disclosures.
But if your spouse does not sign the petition after you serve them the paperwork, you can still get divorced by using a default divorce judgment. Do not worry that you will have to remain married just because your spouse will not cooperate. You can still get a divorce.
The general timeframe under Georgia divorce laws
In most cases, people will respond to a divorce petition within 30 days. The divorce can then be granted any time 31 days or more after the divorce petition was served. This is how many cases progress, as both people give their consent.
If the divorce action is unanswered, then the court can still grant a divorce, but it must wait 46 days after the petition was served. There are some cases in which the court can extend this timeframe through a court order.
Moving through your divorce
A spouse who is nonresponsive after being served with a divorce petition can complicate the divorce process, but you do still have legal options. Divorce is not impossible. It is important to know exactly what steps to take to move forward with this process.