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I am filing in ***** ***** but do not know the location of…

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Good Morning. My name...

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 ***** *****?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Do I have to have his signature on the divorce documents before I file them in court? (Uncontested)

Submitted: 2 years ago.Category: Family Law
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Answered in 15 minutes by:
2/29/2016
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,956
Experience: Experienced Family Law Attorney
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What state is this in regards ***** *****?

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Customer reply replied 2 years ago
Georgia
Family Lawyer: LegalGems, Lawyer replied 2 years ago

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

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Customer reply replied 2 years ago
Thank you
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Are there minor children?

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Customer reply replied 2 years ago
one child
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Thanks; just a few more minutes please.

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Family Lawyer: LegalGems, Lawyer replied 2 years 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 reply replied 2 years ago
Are the forms different for the Contested divorce or do I submit the same forms but do not include the Marital Settlement Agreement?
Family Lawyer: LegalGems, Lawyer replied 2 years ago

They are different. Let me locate those.

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Customer reply replied 2 years ago
thanks
Family Lawyer: LegalGems, Lawyer replied 2 years 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

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Family Lawyer: LegalGems, Lawyer replied 2 years 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!

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Customer reply replied 2 years ago
Thanks
Family Lawyer: LegalGems, Lawyer replied 2 years ago

You are most welcome!

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

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