Legal Question in Family Law in Georgia

My husband is filing for a divorce uncontested, and I need to know what I am entitled to, where do I go from here, what do I need to do to get prepared, etc?


Asked on 6/03/12, 8:09 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The first thing you need to do is to talk to a lawyer.

He CANNOT, without YOUR agreement, "file uncontested."

Unless you and he have a signed settlement agreement, the divorce is actually contested. The fact that you are asking fundamental questions like "what do I get" means this divorce is as far from uncontested as you can get, and you have a legal emergency meaning you already should have seen a lawyer.

If your husband drafted his own papers, DO NOT SIGN ANYTHING AT ANT TIME! Pro se divorces tend to go very badly. There needs to be at least one lawyer involved looking out for you.

If your husband has a lawyer, DO NOT SIGN ANYTHING until and unless YOUR lawyer says to. If his lawyer has drafted good papers, you may get by with one consultation, which will cost very little. Or you may need a lot of legal work.

Do NOT talk to his lawyer. His lawyer cannot advise you. Monday morning, get your lawyer.

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Answered on 6/03/12, 8:15 am
Tahira Piraino Tahira P. Piraino

It does not sound as if the divorce is uncontested. Uncontested means you and your husband have agreed how to resolve all issues. If you are wanting to know what to expect, the case is considered contested. If you receive paperwork, I suggest you locate an attorney to review them prior to signing anything. If your husband has an attorney, remember the attorney represents your husband and not you. An attorney in a divorce cannot represent both parties.

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Answered on 6/04/12, 8:12 am


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