Legal Question in Legal Ethics in Georgia

how do I set aside a void judgment of divorce in Georgia?

One attorney handled all discussion and filing of paperwork which both my husband and I believe represented both of us. Court transcript proof when husband questioned if I was represented by counsel replied Same attorney represented both of us. I refused to sign spouses statement/waiver from attorney which stated he only represented my husband because this was not true (I have in my possession). I was never served but was told by attorney to sign a blank acknowledgement of service with no case number. The attorney filed Complaint for divorce stating I was resident of Georgia BUT I lived in Ms with minor child AND OMMITTED my address as required. The initial case filing form showed no attorney for either party or case number. I never rec'd notice of hearing because notice was sent to a city which didn't exist in Ms. and therefore returned to court undeliverable. I filed to set aside divorce but judge denied motion because i signed blank acknowledgment. I hired this attorney, and had majority of communication with attorney than my husband who didn't want to be bothered with details he just paid the attorney fees. (State bar no help since divorce was in 1999)... HELP!! Is this a void divorce? what can i do?


Asked on 5/15/07, 5:18 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: how do I set aside a void judgment of divorce in Georgia?

You said the Judge heard your issue and ruled against you. Is there a judgment of divorce in the record? Is anyone other than you complaing about it? If you need concrete answers, get a lawyer to review everything.

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Answered on 5/15/07, 8:09 pm


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