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Burkhardt v. Burkhardt

O.C.G.A. § 9-11-4 f 2 requires service in person for Georgia residents who are outside the state.

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The trial court denied Scott Burkhardt’s motion to set aside the final judgment and decree in a divorce action brought by his wife Kristi Burkhardt. Mr. Burkhardt appeals, contending that service in Wisconsin on his mother at her house while he was living there was ineffective. Because Mr. Burkhardt is a resident of Georgia, service upon him outside the state must be made directly to him. Therefore, service upon his mother was not sufficient and we are constrained to reverse the denial of the motion to set aside.

Mrs. Burkhardt’s complaint for divorce alleged that her husband was a resident of Dawson County, Georgia. Service attempted at his last known address was unsuccessful. At a hearing on a motion for a protective order against Mr. Burkhardt, Mrs. Burkhardt’s counsel informed the trial court that Mr. Burkhardt had gone to live with his mother in Wisconsin. The trial court directed that service be attempted at the Wisconsin address. Subsequently, a deputy sheriff of Marathon County, Wisconsin handed the summons and complaint to Mr. Burkhardt’s mother at her home, and she delivered the papers to Mr. Burkhardt.

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