Legal Question in Family Law in Georgia
divorce
In 2001 my husband,who was in the army, got our friend pregnant and after months of counciling, gave me 1 hour to get out of the house. He had told me he was filing for divorce. I never got any paperwork but I know there is a one signature divorce. I do not know where he is and my public serches have not found a divorce filing. I now have found out that on my credit report there are some charge offs that are joint, one being for over $9000.00
So now I need to know how I go about to file a missing spouse divorce and what my legal rights are for the debts that are joint. I know that I could get him on adultry, abandonment, and possible bigatry if he has since married. I am not looking for a dirty fight. There are no kids involved. I just want to know what is legally mine, and how to i go about trying to file. Also does him being military make a dfferance? Do I have to file in the county I live in now?
2 Answers from Attorneys
Re: divorce
You need to get an attorney. There are too many legal issues here. You can have him served by publication but you need to do some work first. You need to investigate further and find out exactly what debts are owed, to whom, and whether they are holding you jointly liable. Unfortunately, in many cases if you are both liable they will go after the one that they can find. If he is still in the military it might make a difference. Generally, you file in the county where the defendant lives. Again, you need an attorney to address the jurisdictional and venue requirements.
Re: divorce
If you're in metro Atlanta we likely can assist you with this. I'd need more details to be able to advise you as to the details, but you should be able to get a divorce fairly easily at this point. Contact us if we can assist you.