Legal Question in Family Law in Georgia

My husband walked out on me when I was pregnant. He deleted me from his Facebook, refused to give me his new address, and ignored all of my phone calls and emails. Months later and I still have not heard from him. I wasn't working at the time and he refused to pay any type of assistance. I lost everything but what I could fit in the car, and was forced (after being evicted) to move in with a friend. My question is this: can I file for divorce and full custody and be granted both even though I'm pregnant and have no idea where my husband is? I ask because I heard that custody issues make it a contested divorce and we must go to trial, etc. but if he can not be located at all how would that work?


Asked on 11/25/11, 9:56 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Before you can say to a court that you cannot locate your spouse, you have to be able to prove you did a diligent search. This usually involves many steps, such as filing a child support case with the state, checking with employers and family members, looking online, and so on. Assuming you have done these required steps, you may at this point be able to file a case by publication, and a court could potentially award you a divorce and custody, and reserve other issues it cannot resolve for future cases.

Whether hearings are involved depends on what court the case is in. Feel free to call my office Monday at 404-768-3509 to discuss details.

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Answered on 11/25/11, 5:24 pm


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