What does it Mean to File for Divorce?

Divorce is a legal remedy that is granted by a Georgia county Superior Court. Courts are able to grant divorces in response to lawsuits that are filed and pend before them. The first step, then, to obtaining a divorce is to ask for or “file for” one. In nearly all lawsuits, one party has to be the Plaintiff or Petitioner – the person initiating the lawsuit, and one party has to be the Defendant or Respondent – the person responding to the lawsuit. In Georgia, neither party can be penalized or rewarded for being either the Plaintiff or Defendant in a divorce. In other words, it’s not supposed to matter which party files for divorce. The Court is obligated to treat both parties equally.

After the Plaintiff files the Complaint for Divorce (also called a Petition for Divorce), the next step is “service” upon the Defendant. Service is a formal process of giving a copy of the divorce complaint to the Defendant. Because the Defendant is being brought into a lawsuit, the means by which he receives notice of the lawsuit must be more involved than simple mail, hand delivery, or email. Service also involves giving the Defendant a copy of a Summons, which is an official court order advising the Defendant that a lawsuit has been filed against him and that he must make a response in 30 days. Copies of Complaints and Summons can be delivered to Defendants by county Sheriff deputies or court-appointed private process servers. A Defendant can also waive his right to formal service of process by signing an Acknowledgment of Service.

The third step, after filing the complaint and service on the Defendant, in a divorce is the Defendant’s response. A Defendant usually has 30 days after he is served (or acknowledges service) to file an Answer.

The initial pleadings filed in Court (the Complaint and Answer) are generally form documents. A complaint does not contain actual offers of settlement and is not a reliable means (at all) of determining what a Plaintiff is actually asking from the Court. Complaints do not include specific parenting time schedules or asset division details; rather, they are very general in nature. The Plaintiff asks for everything she thinks she might want to ask for at some point during the divorce. Similarly, the Answer is not about what the Defendant wants to obtain from the divorce. Defendant’s answer may also include a Counterclaim, a statement from Defendant that he also wants a divorce from Plaintiff. Both parties are simply letting the court know a few things:

1.  Plaintiff wants a divorce.
2.  Defendant knows that Plaintiff wants a divorce.
3. Attorney A is representing Plaintiff.
4. Attorney B is representing Defendant.
5. There are/not children of this marriage.
6. Plaintiff asks for all the relief the Court can give: divorce, equitable division of property, child support, custody, attorneys fees, alimony.
7. Defendant knows that Plaintiff is asking for all these things and does not necessarily agree with Plaintiff’s requests.
8. Defendant is also asking for all the relief the Court can give: divorce, equitable division of property, child support, custody, attorneys fees, alimony.