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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7406
Experience:  Experienced Family Law Attorney
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I am filing in ***** ***** but do not know the location of

Customer Question

Good Morning. My name is***** am filing for divorce in ***** ***** but do not know the location of my spouse (I believe he is in Alabama). We have been separated since 12/20/2014. Is his signature required to file in ***** *****?
JA: Thanks. Can you give me any more details about your issue?
Customer: Do I have to have his signature on the divorce documents before I file them in court? (Uncontested)
JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.

What state is this in regards ***** *****?

Customer: replied 9 months ago.
Georgia
Expert:  LegalGems replied 9 months ago.

Thanks; a few minutes please as I look into this for you.

Customer: replied 9 months ago.
Thank you
Expert:  LegalGems replied 9 months ago.

Are there minor children?

Customer: replied 9 months ago.
one child
Expert:  LegalGems replied 9 months ago.

Thanks; just a few more minutes please.

Expert:  LegalGems replied 9 months ago.

Thank you for your patience.

So for an uncontested divorce, both parties need to be in agreement with regards ***** ***** issues, including division of property, spousal maintenance, child support, etc.

So typically the petitioning spouse would file the petition, along with the signed (by both parties) marital settlement agreement, and the Signed (by respondent) Acknowledgment of Service and Consent to Jurisdiction.

This allows the court to fast track the divorce, since the parties are in agreement.

If there is no marital settlement agreement, then the standard form is the contested divorce. There are grounds for contested divorce, but one may also contend "irreconciable differences".

The petitioner (the party initiating the action) must be a resident of the state for a minimum of 6 months; under the UCCJEA ( the federal child custody jurisdiction act) the state that has jurisdiction is the state where the child has resided for the past 6 months, as this is the only state that may enter orders re: the custody, visitation and support of the child

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Customer: replied 9 months ago.
Are the forms different for the Contested divorce or do I submit the same forms but do not include the Marital Settlement Agreement?
Expert:  LegalGems replied 9 months ago.

They are different. Let me locate those.

Customer: replied 9 months ago.
thanks
Expert:  LegalGems replied 9 months ago.

These are the forms -

contested:

http://www.albany.ga.us/filestorage/1800/2889/3011/3518/4781/Divorce--Contested--Kids--2013.pdf

uncontested:

http://www.southernjudicialcircuit.com/selfhelp/divorce/divorcewithminorchildrenUN.pdf

Expert:  LegalGems replied 9 months ago.

Additional self help resources here:

http://www.georgialegalaid.org/issues/family-law-and-domestic-violence/marriage-and-divorce?channel=forms-and-tool-kits

If you found the above useful, kindly rate positively so my customer satisfaction scores remain high! This does Not result in additional fees. Thank you!

Customer: replied 9 months ago.
Thanks
Expert:  LegalGems replied 9 months ago.

You are most welcome!

And kindly rate positively so I receive credit for assisting you. Thank you!

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