A counterclaim for divorce in Georgia does not have to be personally served on your spouse. Serving your spouse’s attorney is enough.
Why Personal Service Is Not Required
Once a divorce case is filed, the ordinary service rules of the Civil Practice Act take over. OCGA 9-11-5(b) allows papers in a pending case to be served on the attorney representing a party rather than on the party.
The Georgia Supreme Court applied that rule to a counterclaim in Walker v. Walker, 228 Ga. 615 (1972). A husband filed for divorce in Catoosa County. His wife answered with a cross action asking for a divorce of her own, custody of their child, and alimony for herself and the children. The husband argued he was entitled to personal service. Applying the Civil Practice Act, the Court disagreed and held that “service upon the attorney of record representing the plaintiff, in the manner provided in that Act, is sufficient service of the answer and cross action.”
The Rule Has a Limit
Walker also explains where personal service is still required. The older cases the husband relied on were suits in which a spouse sued for alimony on its own, with no divorce case pending. That kind of suit starts a new action against someone not yet before the court, so it has to be served like any other new lawsuit.
The difference is whether a case is already pending. Your spouse brought you into court by filing, and the court already has you both.
What This Means in Practice
You do not need a sheriff, a process server, or an acknowledgment of service to put your own claims for divorce, alimony, custody, and property in front of the judge. Filing the counterclaim and serving opposing counsel does it.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!