Legal Question in Family Law in Georgia

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Husband filed for divorce in December 2004. Well, around the first part of January 2005, we decided to reconcile, however, I agreed that he could keep the divorce proceedings going. Well, somehow, I found out that he was telling his lawyer that I did not live in the home and that he did not know where I was. I confronted him. He denied saying any such thing. Shortly after this episode, he came to me and said, ''hey, let's not go to the final hearing, I wanna stay married'', and I said ''okay''. We did not go to the hearing. Another final hearing was set up by his lawyer. He then came to me and said the same thing as before and I agreed. Well, he showed up at court this time, and I did not. He was awarded everything. And I mean everything. House, everything in it, everything out of it, Anna, our 4yr old daughter and I was pissed. The Final Decree of Divorce has not yet been signed by the judge and I want to file an appeal. I don't have money for lawyer. Can you tell me what it is that I need to do first.

Asked on 2/03/06, 3:13 am

2 Answers from Attorneys

Eric Ballinger Ballinger & Associates

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You need to file a motion to set aside the divorce for fraud. Your husband had to testify that he has lived in a bonifide state of separation. Sice you have had marital relations since the the divorce was filed, he lied. Of course you will need to prove that you resumed marital relations since he filed for divorce. There are no guarantees that this will work. You have to prove that you had no way to prevent your husbands fraud upon the court. There is some case law that says that believing the other party and not showing up for court is not excusable.

Answered on 2/03/06, 9:50 am

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