If I have the other person served the Divorce Complaint and there is no respone.

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If I have the other person served the Divorce Complaint and there is no respone.

I had my served by the sheriff on jan 5th 2017. According to the paperwork I was
given when I filed for Divorce. It says to contact the court 46 days after she
was served to file a Rule NISI. If she did not respond to the complaint and a
seperation agreement stipulating how everything is to be divided included with
Complaint at time of filing, do I still need to file the Rule NISI? I live in
Columbus, GA Muscogee County.

Thank You

Asked on February 14, 2017 under Family Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the other party fails to file an answer to the complaint by the deadline set forth in the summons, you can then file a default. A default means that you have won and the court will rule in favor of everything in your complaint.
If the opposing party files a motion to set aside the default, and the judge rules in favor of the motion to set aside the default,the case will then be back on track and litigation will continue.


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