Legal Question in Family Law in Georgia

divorce and bankruptcy

My husband and I have been separated for two years now - He kept and refinanced (my name is off the loan and the note) the marital home. I received some money from the refinance and bought a home for my children and I. He now says he is letting the bank take everything - will that effect me in any way ? the only things left in joint names are two boats. I am paying for one and he has been paying for the other. I have paid for a divorce and he refuses to sign or file the papers - some said I can put a notice in the paper and declare myself divorced??? Thank you for your help.


Asked on 11/12/03, 6:43 am

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: divorce and bankruptcy

As long as you are married anything one does tends to affect the other financially. The fact that the house is in his name only will help to mitigate the credit damage, but my advice would be to proceed with the divorce to avoid any further blemishes on your credit. There are many legal issues, but basically if you know where he lives then you can have the papers served on him. Then, after a period of time you can get your divorce regardless of whether he signs anything. If you try to serve him by publication and know where he lives the divorce can be voided, plus you may be subject to some penalties yourself for not giving him proper notice. If you paid an attorney for a divorce then the attorney should take you through the steps to file it and get it done. I don't know of any method where you can declare yourself divorced.

Read more
Answered on 11/12/03, 11:10 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia