Legal Question in Family Law in Georgia

I am trying to file for a divorce myself but I dont know how to find my ex. I asked for a divorce in 2007 he said ok then left before signing papers. I haven't seen him since. I heard he had a warrant for him and is hiding. We have no marital assets and our children are grown. What can I do to get my divorce as easily and cheaply as possible??


Asked on 8/24/10, 8:42 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Once you file the petition for divorce with the Court, you will be forced to "serve" your husband with the divorce papers. For a very small fee, the Sheriff can do this for you. If after a few attempts he is unable to find your husband, he will sign an affidavit saying that. You can then take that affidavit and file a motion with the court to "serve by publication." This means that you can basically post the petition for divorce in the courthouse (and maybe in the local newspaper -- local court rules will apply) and this will suffice to service of process on your husband. Whether he decides to show up for the divorce proceeds that occur after you post the petition is up to him, but the proceedings will continue without him.

Of course, I would also recommend that you spend the few hundred dollars, hire a Georgia lawyer and have him handle the details so it's done correctly and as quickly as possible.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 8/29/10, 8:51 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You can hire a lawyer who can do it correctly and probably fairly quickly (and probably a reasonable fee based on your post), or you can spend another 3 years not knowing what to do yet trying to handle it yourself. What is "as cheaply as possible" if it takes more than 3 years (and counting)?

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Answered on 8/29/10, 8:54 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

While you can run around a lot, for a very small sum you can have a lawyer do it for you.

I do handle cases in your county by publication, and that's probably how it would take place. Feel free to call me to discuss this. I can probably do it with you not appearing in court at all.

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Answered on 8/29/10, 11:25 am


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