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The Importance of Filing an Answer in a Georgia Divorce

Publish Date: 06/23/2025

Why Filing an Answer in a Divorce Case Matters

Divorce proceedings can be legally complex and emotionally taxing. One of the most important early steps in a divorce case is responding to the initial Complaint for Divorce by filing an Answer with the court. In Georgia, failure to meet this requirement can significantly affect a party's legal standing and ability to participate in the proceedings.

The Responding Party Has 30 Days to Answer

According to the Georgia Civil Practice Act, once a Complaint for Divorce has been served or acknowledged, the responding party has 30 days to file an Answer with the court. If an Answer is not filed within that period, the case enters a default status.

Georgia does not permit a traditional 'default divorce,' particularly in matters involving minor children. However, failure to respond to the Divorce Complaint still carries considerable legal consequences.

Consequences of Failing to File an Answer

When no Answer is filed, the Petitioner may proceed with requesting a final hearing without notifying the defaulting party. As a result, the court could issue rulings on custody, child support, alimony, and division of marital assets without the input of the absent party.

In addition, failure to respond may result in the waiver of important defenses, including lack of jurisdiction, improper service, and improper venue. These defenses must be raised in the initial Answer or prior to its filing to be preserved.

The Role of an Answer in Divorce Proceedings

An Answer serves as the formal response to the allegations listed in the Petition for Divorce. Each claim is addressed individually by either admitting, denying, or stating a lack of sufficient information to respond. The document must be filed with the Clerk of Court, as delivering the document to the opposing party is not sufficient. This filing also ensures the court has accurate contact information to provide notice of future proceedings.

Preserving the Right to Participate


Even in an uncontested divorce, the failure to file an Answer can lead to serious consequences if the case later becomes contested. While Georgia law allows a default to be opened within 15 days after the initial 30-day period, reliance on this extension carries risk. Filing an Answer within the required timeframe preserves the responding party's right to be notified of future court dates, to present evidence, and to assert legal defenses.

Timely legal action can help ensure fairness and due process in any divorce case. Consulting with a qualified family law attorney is recommended to determine the appropriate course of action and ensure compliance with all procedural requirements. Filing an Answer is not merely a formality; it is a critical step in protecting legal rights and maintaining a voice in the outcome of the case.

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Divorce Process
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