Legal Question in Family Law in Georgia

Separation Statute of Limitations

My husband and I have been separated for two years, but we do not have a legal separation notice. We have not lived together in this time, and have no contact with one another. What is that statute of limitations before I am able to file for divorce without the other party being present or having to sign any documents?


Asked on 9/08/04, 11:02 am

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Separation Statute of Limitations

There is no statute of limitations applicable to your situation. As long as you have been a resident of GA for at least six months, you can file for divorce one day or two years or ten years after you separate. The procedure is the same in any case. Your husband has to be served with the divorce papers, unless he acknowledges service. For more details, consult with a local attorney.

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Answered on 9/08/04, 11:09 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Separation Statute of Limitations

There is no time limit, but you can't get a divorce without involving your husband. If he agrees to the divorce and the terms of the divorce, you can file an uncontested divorce and it should be pretty simple if you and your husband can truly agree to the terms. If you would like to discuss any issues further, please feel free to contact my office. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.ctl-law.com

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Answered on 9/08/04, 11:15 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Separation Statute of Limitations

There is no such thing as a legal separation notice.

Regardless of whether a person is separated one day or 50 years, all divorces must be served. If the other party is agreeable, they can sign and waive service, or else the sheriff serves them. If a person cannot be found after a dilligent search, published service may be ordered.

Call me at 404-768-3509 if you have more questions.

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Answered on 9/08/04, 11:40 am


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