Legal Question in Family Law in Georgia

Divorce Quesiton

My fiance' just moved to Ga from Oregon. He has been seperated 15 years just never filed legally for divorce. We found an online paralegal svc to file, but the Oregon court filing fee is more than we expected. My question is would he have to file for divorce in Oregon or could he file here in Ga since he is now a resident here? (She still lives in Oregon) The divorce is uncontested, but we aren't comfortable that she would use the filing fee for the intended purpose or that she would take the time to take the paperwork to the courthouse, at least here we would know that it has been done. Thanks


Asked on 8/27/04, 7:42 am

4 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce Quesiton

He can file in GA after he has lived here for six months. Or, he can file in OR. Rather than send her the filing fee, he can send it along with the divorce petition to the court there. These are the short answers. He should consult with a local attorney to get more details about the nuts and bolts.

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Answered on 8/27/04, 9:18 am
Tahira Piraino Tahira P. Piraino

Re: Divorce Quesiton

Once your fiance has resided in GA for six months, he can file for a divorce here. The court can grant the divorce but would be unable to deal with issues, should any arise, because GA does not have jurisdiction over an Oregon resident. I would discuss this with an attorney rather than using a paralegal service. People using "forms" often encounter procedure problems along the way. Some of the counties have family law offices where you can go in and get forms. The other option is for your fiance to file in Oregon himself. I would not provide his spouse with the money to file.

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Answered on 8/27/04, 10:00 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Divorce Quesiton

Do NOT use a "paralegal." Anyone can call themselves one, and they can seriously mess you up. They are not lawyers and most have no training.

Once he has been here 6 months he can file here. If uncontested, many counties do not require a court appearance if you use a lawyer. The fees for an uncontested case can be as low as $99 plus court costs depending on county. Filing fees are around $80.00. If you live in metro Atlanta my website as a pre-appointment worksheet you can fill in ( www.glenashman.com ) and we can look that over once he has been here 6 months. My number is 404-768-3509. An uncontested divorce in Georgia may happen in as little at 31 days.

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Answered on 8/27/04, 11:56 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Divorce Quesiton

I should note that I disagree in part with the attorney that said Georgia does not have jurisiction over other issues. If the case is uncontested, and the spouse signs an agreement and proper paperwork, the court would have jurisidiction to approve that agreement. I agree with the part of that answer that said not to send money to the spouse to file.

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Answered on 8/27/04, 11:59 am


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