Legal Question in Family Law in Georgia

I want to get a divorce from my husband. I did my own divorce papers online over 2 years ago but never had them filed. The papers are signed by both parties, noterized and dated. Since the papers are so out of date, could i still file them or would i have to redo them?

Also, when i go to file the papers at my court house, what office would i go to there to file them and how much is the filing fee?

thanks!


Asked on 7/18/11, 3:56 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The answer usually is no, you cannot use them.

Most courts require that acknowledgement of service be filed usually within 30 days of signature. Even if you are not in court that will enforce this, most judges will want to know why you waited so long, and whether this was an attempt to sneak a case by your ex.

Note also that if you had sex during those two years, the separation date is incorrect and the papers cannot be used.

Finally, most pro se paperwork has problems. You should not file anything without counsel, and if you are absolutely determined to ignore that advice, you at least need to have a lawyer review the papers.

As to what court and what fees, your question concerns me. If you want to be your own lawyer, it is essential that you do research as to the law. The first two things you would have determined was court to file in and what the filing fees are. Since the second question can be determined in a 30 second call, or in a 10 second visit to a court website, it is clear you have not properly prepared to be pro se.If you file in the wrong court, you will be unsuccessful.

If the case is uncontested, the cost of a lawyer is small. The benefit of having things go smoothly is huge. If the case is contested, that is even more true. Get a lawyer. It really is the smart thing to do.

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Answered on 7/18/11, 5:21 pm


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