Legal Question in Family Law in Georgia

My husband and I live in GA, he was separated from his wife in 2007 and she moved to VA she was suposed to file the divorce papers but never did. He found out he was deploying to Iraq in 2007 and she still not filed the papers so he went to a lawyer.The lawyer told him since she moved to another state that he could run the divorce in the legal ads and if she didn't contest that he would get the divorce. So the divorce was final in 2008 and we married later in the year. She is saying the divorce is not final or legal because there is nothing about there daughter in the papers. but their daughter is named in the divorce. Is it true that it may not be legal? we new where she was but were told the divorce could be done this way because she was in another state. We have the final decree so we are just confussed she holds this over his head to get more money. I just want to know what we should do.....


Asked on 2/08/10, 5:12 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You didn't say if the divorce addressed support, custody and visitation. If it didn't, it possibly can be set aside.

Service by publication under those facts was possibly improper (assuming he had an address for her). He could have filed in Georgia and had the papers personally served. Why did he not do so?

He should NOT be talking with her about it. He SHOULD be seeing a lawyer who can look at his papers and determine what he should do or not do.

Read more
Answered on 2/13/10, 5:27 pm
Charles W. Field Charles W. Field, Attorney at Law

You have a very complicated matter. Consult with a local attorney. He/she needs to review all the facts.

Read more
Answered on 2/13/10, 6:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia