Legal Question in Family Law in Georgia

Dropping a case in one state and starting in another

Hi,

I desperately need your help.Can I filed for divorce in GA, but live in SC. Since I am the Plaintiff, can I drop the case in GA and re-file in SC where the child and I live and where we lived during the marriage? Also, a case was filed in SC against my husband for Exploitation of a child in the 3rd degree. There was not enough evidence to convict. He is now saying I tried to frame him - which is NOT the case. Does he not have to prove that I did? How can he just make such an accusation? Can I mention all of this in our custody hearing, or should I rather not mention it at all? I dont know what to do. I did not do this, and although I know for a fact that he did, they say I cannot prove that he put the childpornography on our computer with the intent to re-use it. I KNOW he put them on there - there are only 2 of us, although the computer was bought from a freind. The dates on the pictures were when we were married. I feel so helpless and dont know how to handle this situation. I am very unhappy with my lawyer in GA - he takes 3 - 4 weeks to return my calls. Can I just refile in SC? Please let me know what would be the best way to handle the Child pornography situation. Can I get my own analysis done? How? PLEASE HELP ME!


Asked on 3/23/05, 11:00 am

2 Answers from Attorneys

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

Re: Dropping a case in one state and starting in another

Your question is a bit confusting. You talk about "filing" and "refiling". It sounds like your case must be in GA. You should consult with a local attorney.

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Answered on 3/23/05, 5:08 pm
Bernd Stittleburg Stittleburg Law Offices, LLC

Re: Dropping a case in one state and starting in another

I suggest that you contact a divorce attorney in South Carolina regarding this matter.

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Answered on 3/23/05, 11:20 am


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