Legal Question in Family Law in Georgia
what if I can't get him to sign an agreement?
To whom it may concern:
I'm handling my divorce pro-se. I have every form typed and signed except for the settlement agreement. Which includes child support, custody and visitation. The problem is He (the ex) has signed all the papers he is going to sign. I cannot get this divorce finalized. The ex statted that Americans are stupid and morons and they and I could kiss his A** and all white people were stupid so he was'nt going to sign anything else. I really can't afford to get a lawyer because, he left me with nothing and legal aid will not help because there is no physical abuse. Shoul I make an appointment with the Judge and tell him what Jaime said? Jaime won custody of the children because he had the money to do so. The Judge in KY never issued any child support for me and set my visitations. I do have such document to present if you think it would help? Even if I had a lawyer it would have costed quiet a bit, because Jaime would have still held out and that would costed more money to a lawyer. Jaime has no respect for the law. I myself am going to school in the criminal justice field. I already have 18 mos. But have not discussed Family law yet. So if you could please help I would most appreciate it. Thank You.
Melissa
3 Answers from Attorneys
Re: what if I can't get him to sign an agreement?
You should contact the clerk of court and ask that your case be put down for a hearing. Whether he shows up or not, you can show the judge, at the hearing, what the two of you have agreed upon but that he will not sign it. While this is not binding on the judge, most judges will at least take a look at in arriving at their decision.
Re: what if I can't get him to sign an agreement?
Unfortunately, if your spouse will not sign an agreement, the case will eventually go to trial. You may need to do research for an attorney who will assist you pro bono. For instance, Fulton County has the Atlanta Volunteer Lawyers Foundation; Dekalb County has the DeKalb Volunteer Lawyers Foundation. If you are not sure if your county has a similar agency, perhaps one of these agencies could direct you to the appropriate agency. In any event, you cannot continue without legal representation in a case with these issues.
And, DO NOT CONTACT THE JUDGE AND ATTEMPT TO HAVE A DISCUSSION WITHOUT YOUR HUSBAND AND HIS ATTORNEY PRESENT.
Re: what if I can't get him to sign an agreement?
The questions that you asked tell me that you absolutely should not handle this divorce pro se. While Legal Aid may not help directly, in many counties they have a pro bono project and can refer you to a private attorney who will handle the case at a reduced fee or no fee.
DO NOT CONTACT THE JUDGE DIRECTLY. That is improper and will get you in trouble. ALL contact with the Judge requires the presence of all parties.
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