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My husband lives in Georgia..I am living in Tennessee..he…

my husband lives in Georgia..I...
my husband lives in Georgia..I am living in Tennessee..he has recently filed for a simple divorce ( I have not received papers) I left him 2 and a half years ago for mental abuse, adultery, I want to file under mental duress and ask for compensation. What can I legally do or what would my next step be?
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Answered in 10 minutes by:
8/2/2015
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
Verified
Hello
This is Samuel and I will discuss this and provide you information in this regard.
Please tell me
If you have not been served, how do you know anything has been filed?
And he has filed in TN?
And you are not amenable to an uncontested divorce?
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Customer reply replied 2 years ago
I received an email from him stating he has completed the paperwork. He filed in Georgia. No to uncontested. I helped monetarily with his child support through the marriage years. I got stuck wit over 6000.00 dollars from the home equity line, I helped monetarily with his Mother's home upkeep after she passed. He sold his mother's home and I received no monetary compensation or included on decision of what to do with the money. He put it in an account in his name only. (we were still living together as a married couple when this occurred.
Customer reply replied 2 years ago
We had separated for 2 years and I had the house put in my name. When I left he bought the house to put in his name but only for the loan value and it didn't include the equity line (although I was led to believe it had been) so I put that on a credit card. I was just going to walk away from the home because I couldn't and didn't want to be in Georgia anymore. We were legally married Aug. 3, 2002 till now. First separation May 2005 to March 2007..going to counseling and what have you. I left March 2013.

Hello

Thank you

First, if he "inherited" anything from his family/Mother that is his separate property whether you are married, living together or not. And so you would not be entitled to any of that inheritance.

Next, once you get served the complaint, you will respond to it and state why you are not in agreement to an uncontested divorce. If you feel that you want to seek any type of spousal support or if child custody/support is an issue then they will be reasons for the opposition. Also, you can respond on an issue of any Marital Assets being distributed. The inheritance, however, is not considered marital not by TN or GA law.

So I suggest once you are served, you do not have to agree to his complaint for an uncontested divorce, if you have other issues as I stated - child custody, support or Marital Property. Marital property being anything that was acquired during the marriage that is not an inheritance or a gift -

Please let me know what other questions you have in this regard and in light of the information I have provided

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Customer reply replied 2 years ago
will it matter what state tn or Georgia to counter file? Thank you for your answers

Hello

If you want to counter file, I suggest that you will need to do it in GA. That is because he has filed first. And if you file in TN, that will only be moved to GA as it is on a first filed basis. If you are only going to contest his complaint, that answer/response will be filed in GA with the court that he has filed in.

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In other words, a claim filed in TN would be dismissed because GA has jurisdiction since he lives there and filed first.

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Customer reply replied 2 years ago
Thank you. Know of any Lawyers in Georgia....Cherokee County? :)

Hello

I suggest that you could consider the GA Bar Association for a referral service. LINK for more information.

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Atlanta Bar Association
Lawyer Referral and Information Service
400 International Tower
*****
Atlanta, GA###-##-####br /> Carla Brown
(###) ###-####/p>

You're welcome. Thanking you in advance for a positive rating.

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,012
Experience: General practice of law with emphasis in family law.
Verified
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