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Does your divorce decree provide ANY provision for property? That you get it all because you had to file by publication?
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no the judge stated all issues of alimony and division of property shall be held in abeyance until such time as this court has personal jurisdiction over the Defendant. I don't know where he is
no, the judge stated all issues of alimony and division of property shall be held in abeyance until such time as this court has personal jurisdiction over the Defendant. I don't know where he is
The judge only granted a divorce and didn't divide property, such as bank accounts, personal property, and real property. If you wanted the judge to decide upon any of those issues, then you were to locate your spouse and proceed with a regular divorce.
However, the court can award a divorce and divide property only if the property is within the jurisdiction of the Court in Georgia. Therefore, you may want to file a Petition to Amend Divorce Decree. You can ask the court to amend it's provision prohibiting property division unless your spouse is located. It has been 5 years. Your Petition can include that you have had NO contact with your former spouse either by letter, phone, e-mail, text, in person, or any other contact.
You can request that the Divorce Decree be amended to allow for the transfer of the vehicle into your name. To do so would allow you to legally own, sell, or transfer title. This would be especially important if the vehicle is not operable or needs such repairs that you need to sell or junk the vehicle.
You may wish to contact an attorney who specializes in family law to discuss your particular case. Many times, an initial consultation is free. You can talk about your options and then decide how to proceed. It MAY be possible to amend your decree.
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It has not been 5 years since the divorce, so can i still file the
It has not been 5 years since the divorce, so can i still file.
I'm sorry for the delay. I've been suffering with a cold, and fell asleep. I really apologize.
Sure, you can still file the motion. I only said 5 years, because it was an estimate. Your circumstances may warrant that the judge award you the property.
The worst thing that can happen if you file is that the judge denies the motion. But, you may also be granted the property.
All you can do is try.
The vehicle was stolen today and I think he took but I am unsure. I tried to file a stolen vehicle report but the officer would not allow me because the car was not registered to me. however he abandon the property would this matter about me filing the motion
You can indicate in your motion that the vehicle was stolen and that you couldn't file a police report because it wasn't registered to you. That's fine.
If the vehicle was abandoned property, you could have called law enforcement to remove the vehicle. The vehicle would have been impounded and a letter would have been sent to your ex's last known address. He would have had a certain number of days to redeem the vehicle and pay for the towing and storage fees. If he didn't respond the vehicle would have been sold at auction, and any monies received would have gone to pay for the towing and storage fees.
You could indicate that you didn't treat the vehicle as abandoned because it was personal property that would have had to been divided if your husband could be found.
You can request the court's assistance with handling the situation with the vehicle.
Attorney
17 years experience in all aspects of criminal law, landlord tenant, family law and small claims
So do I file a motion to amend a final divorce decree
You said this an earlier answer
So what would I ask the judge when filing?
You can ask that the judge to amend your divorce decree so that the vehicle can be transferred into your name. That way you can file a police report regarding the vehicle being stolen.
You don't need to tell the judge or the police department that you "think" that the vehicle was taken by your ex. You can't prove that. And, if you tell the police and/or judge that you "think" that he took the vehicle, then the judge will think that you have had contact with him, and therefore know where he is.
The vehicle was stolen. The police won't take a report because the vehicle is in his name. So, you need to ask that the judge allow the vehicle be transferred into your name.