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What Is Divorce By Publication?

by Sharon Jackson  on July 16, 2020 under 

There are many reasons why a married couple decides to end their marriage and divorce. While some divorces are contentious, in other situations the couple is in agreement on most issues concerning the end of their marriage. A divorce is uncontested when both spouses agree on all important issues in the divorce and they don't have to sue each other in court. An uncontested divorce can be resolved in a couple of months, is less expensive and usually maintains more civility between the spouses after the divorce. But what if you want a divorce and your spouse is missing? If you've lost contact with your spouse and don't know how to reach them or how to serve them with divorce papers, how can you get a divorce? Divorce by publication in Georgia is a way for you to demonstrate that you have made a good faith effort to find your missing spouse by publishing your intention to divorce your spouse in the local newspapers.

How to Divorce By Publication
Publication divorce allows you to legally divorce your missing spouse, rather than being left in limbo and unable to move on with your life. Divorce by Publication allows you to prove to the Court that you have made every effort to find your missing spouse and inform them of your wish to divorce, but that your spouse cannot be found.

Divorce By Publication… Not So Easy

If your spouse is missing, you can file for a Divorce By Publication and get a legal divorce. Publication is often frowned upon by Courts as you can get a divorce without your spouse knowing and your spouse is deprived of the opportunity to defend themself. There are some other serious drawbacks to Divorce Publication in Georgia:

1. It does not resolve issues involving child support, child custody or division of assets. Those decisions are best handled with the help of a knowledgeable family law attorney who can petition the court to dissolve and distribute the marital estate.

2. If your missing spouse comes forward after your divorce is finalized and feels you tried to abuse their rights, you may need to provide additional proof to the Court that you were diligent in performing the search.

Guidance With Divorce By Publication in Georgia

Divorce issues can be complicated and it’s best to discuss them with an experienced divorce lawyer. If you are thinking of pursuing a Divorce by Publication, you will probably need the comprehensive and thorough guidance of a skilled divorce lawyer who knows the best actions you should take.

For effective legal representation that meets your divorce needs in Atlanta, call Attorney Sharon Jackson at (678)436-3636 or email to schedule an initial consultation.

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