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A Georgia divorce case runs similar to any other civil action in the Georgia courts. The Georgia Rules of Civl Procedure apply which means that there must be an initial Complaint filed by a Plaintiff and the Defendant must be "served" with the lawsuit. After that time, the Defendant must answer the divorce Complaint. The Defendant can raise Counterclaims in his/her Answer.

What if Defendant Doesn't Answer?

Not much. A Plaintiff cannot obtain a "Default Judgment" if the Defendant does not answer the Complaint. The Defendant still has the right to a jury trial and may fully contest the claims of Plaintiff. Additonally, the Plaintiff must prove his/her case independent of whether any defensive pleadings are filed.

Discovery

The provisions for discovery under the Georgia Civil PRactice Act apply to actions for diovrce, alimony, and custody of minor children. Discovery lasts for six months from the date of the answer but the Court may adjust at its discretion. Discovery consists of requests for prodcution of documents, requests to admit certain facts, written questions to parties, and oral depositions of individuals.

Mediation

In most, if not all Georgia counties, Georgia divorce litigants will be required to mediate their disputes. Mediation is an attempt at resolving the case before trial. Plaintiff, Defendant, and their Georgia divorce lawyers will meet with a mediator, most often a Georgia divorce lawyer, and each side will present its viewpoint. The mediator will attempt to get each side to see where the other is coming from with the goal to resolve the case at the end of the mediation. If resolution is not agreed upon, the divorce case moves to to trial.

Trial

If neither party requests a jury trial, the divorce case will be tried in front of the judge. The rules of evidence that apply to civil trials apply to Georgia divorce trials. The party who has the burden of proof, the Plaintiff usually, is entitled to make opening and closing arguments.

Typical issues to be tried in a divorce case include: which party is entitled to divorce and on what grounds; whether a spouse is entitled to alimony; how the assets will be distributed; and child custody and support issues.