Legal Question in Family Law in Georgia

How do I do my divorce with publication? This March it will be a year since my ex left the country due to him running from the law. I am having to do my own divorce because I get disability and can not afford a lawyer. I have my petition for divorce ready. Do I still need to fill out the forms: Rule nisi, consent to trial 31 days, acknowledgment of service and the separation agreement? I also know I have to fill out the affidavit of publication and diligent search but not sure how. All his family is in mexico and his friends wont talk to me. also how do I about getting it in the newspapper? what do I have to do after i file?


Asked on 1/09/13, 5:47 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You NEED to see an attorney. Let me stress this. First of all, you mentioned forms you claim to have that have NOTHING to do with a divorce by publication. There's no consent to try in 31 days because a publication case CANNOT be heard in 31 days. There's no agreement as your spouse isn't around to sign one. You obviously can't use an acknowledgment of service and probably won't use a rule nisi. In other words, you found a box of garbage that won't get you divorced You need correct paperwork. The affidavit is especially important. If it's deficient, your case will never be approved.

Some attorneys, myself included, will do a "coaching" consult for pro se litigants in which you are walked through the process, helped with forms (or even better, write ones for YOUR case), etc.

If you file what you have now, you'll flush a court filing fee down the toilet. (If you know what you're doing you might even get the court to waive that filing fee).

That help is worth $100 or so. Consider it. Good luck!

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Answered on 1/09/13, 6:59 pm


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