A Georgia divorce granted after service by publication can end the marriage, but it usually cannot order anyone to pay anything.
What the Decree Can Reach
In Abernathy v. Abernathy, 267 Ga. 815 (1997), a husband who had lived in Georgia for about a year sued his out-of-state wife, served her by publication, and asked only for a divorce and for the marital property located in Georgia. The Georgia Supreme Court held that on those facts the trial court “clearly has jurisdiction to grant a divorce based on service by publication,” and could also decide the parties’ interests in the Georgia property.
What It Cannot Reach
The same opinion draws the line: “a trial court with jurisdiction to grant a divorce cannot award either alimony or attorney’s fees unless it also has personal jurisdiction over the defendant.” Child support and property located outside Georgia are in the same category.
For example, in Rymuza v. Rymuza, 292 Ga. 98 (2012), a wife served by publication argued on appeal that the service was improper. Her argument failed, because “the only judgment the trial court made was that the parties were divorced. The judgment did not purport to affect alimony or property rights.”
When Publication Does Reach the Person
There is an exception for a spouse who is hiding. In Ragan v. Mallow, 319 Ga. App. 443 (2012), the Court of Appeals held that where a defendant is a Georgia resident, is actually present within the court’s jurisdiction, knows about the suit, and “wilfully secrets himself in order to frustrate all reasonable efforts to effect personal service,” publication satisfies due process and does confer personal jurisdiction over him.
So it matters a great deal whether the spouse served by publication was a Georgia resident avoiding the sheriff or a nonresident the court never reached.
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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!