Legal Question in Family Law in Georgia
I have an unusual problem I need legal advice about. In 1994 I married a woman whom I was with for less than a year. While traveling later that year, we filed for divorce in another state. We went to see a lawyer and had the paperwork drawn up. I signed my copy, but apparently she did not sign hers. It was my understanding that the final divorce would be sent to my home address. As soon as we got back, I moved out and wiped her out of my life and mind. I never heard from her so I assumed the divorce went through as planned.
In 1996, I met and married a woman whom I am still currently living with today. During the 2nd year of our marriage, my so-called ex-wife showed up at our house and said she and I were still married. She wanted me to get a divorce at that time, but I did not have the money then. She left town abruptly shortly after that, and to this day I don't know where she is and haven't heard anything else out of her. My present wife and I were at a loss as to what to do - not sure what kind of legal trouble I could be in, not sure how to handle the embarassment of living in a small town and friends and family finding out, in addition to being financially unstable at the time. We decided to deal with it later, and put it on the "back burner". Over the years, it kinda got "out of sight, out of mind, and forgotten". Recently, we have begun discussing resolving the situation once and for all legally. There are some questions I need answered before I proceed further:
1. Can I be put in jail or fined for bigamy even though this situation was not intentional on my part?
2. Am I and my present wife LEGALLY married or what are we?
3. In order to be legally divorced from my previous wife, must I FIRST formally divorce my current wife, and then formally divorce the other one?
4. Is there any way of doing this without publicizing it (other than in the newspaper in the last known address for my ex) in the town where we live and avoiding embarassment?
I plan to use www.reliabledivorce.com for my legal paperwork as I can't afford expensive lawyer fees. Will they be able to handle my situation properly?
ANY help you can give will be TRULY appreciated. This is such a dilema!
3 Answers from Attorneys
I hate to be harsh, but it is amazing that you got yourself into a situation where you could be prosecuted for a crime, made horrible mistakes in the way you handled your divorce, and you want to know if forms from a website are appropriate for your next divorce(s). It is unbelievable you did not learn a lesson.
Just so there are no misunderstandings on the bigamy issue and who is to blame, it is your fault. People getting a divorce (or involved in any legal proceeding) don't just "sign a copy" (of whatever) then forget about it. There is no legal distinction between "intentional" and what you did.
If you want to make sure the situation just gets worse, takes more time, and leads to more fees for a criminal and divorce lawyer in the future, use forms and websites, or ignore all the issues as you have done in the past. Be prepared for disasters with your insurance, real property deeds, estates when any of you passes away, and all the other problems-in-waiting.
First of all, you committed bigamy. Your marriage to your present wife is void, and yes, you could go to jail. If you want to make sure that you mess things up, increase the chances of jail, and otherwise botch things, use an online form. (The website you mention would, adding court costs and publication fees, add up to about $600. Using a real lawyer is probably within a couple hundred dollars of that. And remember the site is barred by law from telling you HOW to do this without getting in jail.)
If you want to get things right, see a lawyer, who can finesse things to hopefully avoid jail and put you in a position where you can legally remarry your wife.
To answer another of your questions, yes the divorce will have to be run in the paper.
The legal fees are actually far less than you think. Feel free to call me to discuss things. 404-768-3509
As Scott mentioned, just one small mistake would be catastrophe. So I'd rethink your plans and do it right.
If you want a really good reason NOT to deal with the website you mentioned, simply read it. The people who run the site are woefully ignorant.
They say "The court filing fees for a divorce in Georgia is approximately $80-$85, depending on your County. If your spouse won't sign and must be served, then the sheriff may charge a fee of approximately $25 to serve your spouse. Note: If the whereabouts of your spouse is unknown, then a publication fee will apply. The publication fee is approximately $65."
None of that is even close to current or accurate. Would you trust an anonymous website too lazy to call courthouses and verify amounts?
The correct amounts are: Court costs range from $204 to $218.50 depending on county. Service fees are $50. Publication fees are at least $80 (and may be higher depending on the length of the ad.)
There is a simple reason to use a lawyer. You want things to be done right.
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