Legal Question in Family Law in Georgia
My husband is military & we are in Japan. He recently asked 4 a divorce. I'm a stay at home mom w/no income of my own. We R due 2 transfer in April. He wants 2 start divorce proceeding now instead of waiting till we are both back N the states and 4 me 2 get a lawyer. He has a lawyer. If i'm sent papers and i refuse to sign w/o counsel can proceedings start w/o my consent or participation? What can i do 2 stop proceedings until i'm back in the states and can get a lawyer? He's trying 2 take advantage of the situation b/c he knows i and the kids r dependent on him for money and that we are in a foreign country. I don't have a problem with getting a divorce, I just don't want to be forced to sign something that I'm not comfortable with signing - I want a lawyer, but right now I'm in no position to get one. Pls advise. Thank you.
1 Answer from Attorneys
Especially because he has a lawyer, you cannot wait to talk to your own lawyer. Do NOT sign anything and do NOT even talk to him about it at all until you get counsel.
You cannot stop him from filing and you have to get a lawyer. A case can definitely start without you, and you will LOSE badly if you do not participate of it you proceed without counsel.
The fact that you say "if you are sent papers" means he is in serious trouble if you have no income, because he is required to set up an allotment for you and your children if you are already separated. In fact he can be court martialed and thrown in the brig for not doing so. You need counsel. I cannot stress that strongly enough.
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