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If you’re going through a legal matter or a divorce in the state of Georgia, you’re likely familiar with the Georgia Service of Process Summons and Complaints and Divorce Papers. These documents are required by the state of Georgia in order for a legal action to be legally filed and processed. The Service of Process Summons and Complaints are used to inform the other party that a legal action is being filed, and they set the stage for the case. It is important to understand the contents of these documents and how they are used in the divorce process. This article provides an overview of the Georgia Service of Process Summons and Complaints or Divorce Papers so that you can be informed and prepared as you move through the legal process.
What is a Service of Process for Summons and Complaint or Divorce?
A Service of Process Summons and Complaint is a document that sets the stage for a legal action by notifying the other party that a lawsuit will be filed. If it’s the filing of divorce papers in Georgia, a person must be at least 18 years of age to file a divorce. There are certain rules and regulations that must be followed when filing a divorce, and these documents inform the other party that a divorce is being filed. A Summons and Complaint can only be issued by a court. Divorce papers are served to the spouse who is not filing the divorce to inform them that they have been named in a divorce case. The person being served with the Summons and Complaint is called the “respondent.” The Summons and Complaint set the date, time, and location of the initial divorce hearing. In Georgia, a Summons and Complaint must be served on the respondent before a divorce case can go forward.
Contents of the Summons and Complaint
There are different parts included in the Summons and Complaint. The very first part is the caption. The caption provides the name of the court, the case number, the parties involved in the divorce, and the judge presiding over the case. The second part is the complaint or allegation. The complaint is what the petitioner (person filing the divorce) is divorcing the respondent (person being served with the divorce papers) on. The complaint might be for irreconcilable differences, intolerable conduct, or other reasons for divorce. The third part is the summons. The summons is for the respondent to appear in court on the date noted on the divorce papers. The fourth part is the service instructions. The service instructions give instructions on how to serve the respondent with the divorce papers.
How the Summons and Complaint are Delivered and Served
The Summons and Complaint are served on the respondent by a person not involved in the divorce case. The person who serves the divorce papers (server) must be at least 18 years of age and not involved in the divorce case. The server can be anyone, including a friend or family member, or a process server hired to serve the respondent. Service of the Summons and Complaint can be done in person, or it can be done by certified mail. The server must complete an Affidavit of Service, which is included in the divorce papers. The Affidavit of Service attaches a copy of the Summons and Complaint and verifies that the respondent was served with the divorce papers. The Affidavit of Service must be notarized. After the Summons and Complaint have been served, the server fills out the Affidavit of Service and returns it to the petitioner. The petitioner then sends the completed Affidavit of Service, along with the Summons and Complaint, to the court.
What Happens After the Summons and Complaint is Served?
Once the respondent has been served with the Summons and Complaint, the divorce process can begin. The court will set the date, time, and location for the initial hearing. The hearing date and time are included in the Summons and Complaint. The respondent is expected to appear at the hearing. If the respondent does not appear, a default judgment will be entered against the respondent, and the divorce can be granted.
Other Important Considerations
There are a few other important things to keep in mind. Georgia law requires that all divorce papers be filed as original, not a copy. The divorce papers must be filed in the original paper, not a PDF, scanned, or any other electronic format. Any divorce papers that are filed electronically can be rejected by the court. Additionally, any divorce papers being filed for the first time must be filed in person. The papers cannot be filed by mail. There are also special rules for divorce papers for military members.
Conclusion
The Georgia Service of Process Summons and Complaints Divorce Papers are important documents that initiate a divorce. The respondent must be served with these documents in order for the divorce to move forward. Once the respondent has been served, the divorce process can begin.
Helpful Resources for Process Servers and Skip Tracers in Georgia
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 260 Peachtree St NW, Suite 2200, Atlanta, GA 30303