Before a Georgia court can decide anything against you in a divorce, it has to notify you in a way that is reasonably likely to actually reach you.
The Standard
In Abba Gana v. Abba Gana, 251 Ga. 340 (1983), the Georgia Supreme Court held that “regardless of whether a proceeding is in rem or in personam, due process requires that a chosen method of service be reasonably certain to give actual notice of the pendency of a proceeding to those parties whose liberty or property interests may be adversely affected by the proceeding.”
Knowing About the Case Is Not the Same as Being Served
In Abba Gana, a wife filed for divorce in Muscogee County and had her husband, who was working abroad, notified by publication. She said she did not know where he was, though the record showed she knew of his military training, his flight school, his bank, and his relatives. She also told him about the suit by telephone. The trial court entered a decree awarding her more than $250,000 in assets.
The Supreme Court reversed. Actual knowledge of a pending case “is of no consequence unless he was legally served or waived service,” and being told by phone that a divorce had been filed was “cursory notice” that “clearly fails to rise above the level of casual information and rumor.”
When It Is Satisfied
Notice does not have to be perfect. In Abernathy v. Abernathy, 267 Ga. 815 (1997), a nonresident wife was served by publication, the clerk mailed her a copy of the published notice, and she appeared to contest the court’s power over her. Even though she never submitted to the court, the Georgia Supreme Court held the trial court “clearly has jurisdiction to grant a divorce based on service by publication.”
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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!