If the spouse you are suing for divorce lives in Georgia and you know where, the papers have to be served in person – not mailed, not emailed, and not left in a mailbox.
What the Statute Requires
Under OCGA 9-11-4(e)(7), the summons and complaint go “to the defendant personally, or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.” Service is made by a sheriff or deputy, a marshal, a certified process server, or another person the court appoints. OCGA 9-11-4(c).
Leaving the Papers With the Wrong Person
“Residing therein” is taken literally. In Bible v. Bible, 259 Ga. 418 (1989), the husband had the complaint left at the wife’s home with her employee, who did not live there. The wife knew about the lawsuit anyway. The Georgia Supreme Court still held the service invalid, explaining that there is “no authority to dispense with the clear requirements” of the statute “merely because the defendant may otherwise obtain knowledge of the filing of the action.”
Taping It to the Door Does Not Work
The Code does let a server leave a copy at a defendant’s most notorious place of abode, but OCGA 9-11-4(e)(6) limits that to claims under $200. In Reynolds v. Reynolds, 231 Ga. 178 (1973), papers left that way at the wife’s house trailer never reached her, and the divorce decree was set aside.
Where in Georgia Service Can Happen
OCGA 9-11-4(g) provides that “[a]ll process may be served anywhere within the territorial limits of the state.” In Alcorn v. Alcorn, 245 Ga. 1 (1980), a divorce filed in Muscogee County was served on the husband by the sheriff of Richmond County, and the Supreme Court held that was proper.
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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!