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Lucas v. Lucas

The husband was not entitled to set aside the judgment of divorce or obtain a new trial based on his lack of notice of the final hearing because he failed to file responsive pleadings.

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We granted the application for discretionary appeal in this divorce case to determine whether the professional concerns expressed in Green v. Green, 263 Ga. 551 437 SE2d 457 1993, require that notice of trial be given to a defendant not otherwise entitled to notice under Hardwick v. Hardwick, 245 Ga 570 266 SE2d 184 1980. Finding that, in this case, they do not, we affirm.

After four years of marriage, Ms. Lucas filed for divorce on September 4, 1998. The couple separated but continued living in the marital residence. Mr. Lucas filed an acknowledgment of service through counsel, but did not file responsive pleadings. In the early morning of December 10, 1998, there occurred a domestic dispute and Ms. Lucas called the police. Mr. Lucas was taken into custody. Later that day, without notice to Mr. Lucas, Ms. Lucas obtained a protective order and a final decree of divorce. Mr. Lucas sought to set aside the judgment of divorce or obtain a new trial based on his lack of notice of the final hearing. His motions were denied.

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