Legal Question in Family Law in Georgia

Spouse Overseas

I am currently overseas in the military and husband is civilian living in the US. We we married April 2002 and we have been seperated since July 2002. I have filed for divorce and he has been served by sheriff. However, he is not contesting to the divorce anymore. We have no kids, no property and no finances together.

According to the divorce summons, if he does not respond in 30 days then I win by default. If I am not available to attend the hearing due to job, may I have a family member represent me in court for the default with a general power of attorney?


Asked on 8/17/04, 3:35 am

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

Re: Spouse Overseas

No.

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Answered on 8/17/04, 6:06 am
Tahira Piraino Tahira P. Piraino

Re: Spouse Overseas

There is no default in divorce actions in Georgia. If your spouse is not contesting the divorce, the quickest/easiest way to get the final is to enter into a written settlement agreement which is executed by both of you and filed with the court. Depending on the judge, you may be able to submit what is referred to as a "Motion on the Pleadings" and request the divorce through that method rather than making an appearance. A family member cannot stand in for you. Hope this answers your questions.

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Answered on 8/17/04, 11:27 am


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