Filing for divorce is a major step — and serving your spouse with divorce papers officially sets the legal process in motion. But what happens next? At Oxendine Law, we help clients navigate this critical stage with clarity and confidence.

Here’s what you can expect after your spouse is served.

Step 1: Legal Proof of Service Is Filed

Once your spouse has been served by a sheriff or private process server, the court requires proof of service — a document confirming your spouse received the divorce petition.

📌 Why it matters: The divorce process cannot officially proceed until proof of service is filed with the court. It is important to note that we can avoid service all together if the other party is willing to sign an acknowledgement of service form.

Step 2: Your Spouse Has 30 Days to Respond

Under Georgia law, your spouse has 30 days from the date of service to file an official response (called an “Answer”) with the court.

In their response, they will:

• Admit an allegation, (meaning they agree with the contents of that specific paragraph)
• Deny an allegation (meaning they do not agree with the contents of that specific paragraph)
• File a counterclaim to assert their own claims or objectives in the case. Please note that it is normal and customary for the other spouse to automatically file a counterclaim for divorce.

⚠️ If your spouse doesn’t respond within 30 days, you can request to be placed on a court’s uncontested divorce calendar.

Step 3: Temporary Orders May Be Requested

If needed, you or your spouse can ask the court to issue temporary orders during the divorce process. These may cover:

• Temporary child custody and visitation
• Temporary child or spousal support
• Who stays in the marital home while the divorce case remains pending

These orders help stabilize things while the divorce is pending.

Step 4: Discovery Phase (If Contested)

In a contested divorce, the case moves into the discovery phase, during which both spouses have the opportunity to exchange relevant information and documentation. This may include:

• Financial statements
• Property valuations
• Depositions or interrogatories

This step is crucial for negotiating a fair settlement or preparing for trial. Some cases will not require formal discovery to be exchanged, which can save time and money, but others will require extensive, formal discovery to be exchanged.

Step 5: Mediation or Settlement Negotiations

Georgia courts often encourage or require mediation before a trial date is set. In this step:

• A neutral mediator assists both parties in reaching a resolution that is acceptable to both sides.
• Successful mediation can resolve the case without the need for a trial.
• If not, it proceeds to litigation

Step 6: Final Hearing or Trial

• If you and your spouse are unable to reach a complete agreement, the case will proceed to a final hearing or trial, during which a judge will resolve any remaining disputes.
• Both sides present evidence and arguments
• The judge makes a determination on all issues and issues a final divorce decree

How Oxendine Law Firm Can Help

At Oxendine, we guide our clients through every stage of the divorce process, from filing to final judgment. We’ll help you:

✅ Serve your spouse properly
✅ Handle responses and default risks
✅ Request temporary orders to protect your rights
✅ Negotiate fair settlements or prepare for trial

Have Questions About the Divorce Process?

Whether you’ve already initiated the process or are just beginning, our legal team is committed to guiding you with clarity, strategic insight, and compassionate support.