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My husband and I have been living separated for 2 and a half…

Customer Question
My husband and I...

My husband and I have been living separated for 2 and a half years now. Up until a month ago we were communicating and he led me to believe he’d get help and we’d be back together, not living in the home e own but that we’d find a place in southeast GA. He’s now gotten help, and will not answer my calls or texts. We have a 2 yr old. I have to communicate with his mother about needing any money financially. What are the steps I need to take to file for a divorce? I live with my grandparents again because I am doing all of this on my own. I work and pay $600/mo for childcare. My husband is a disabled veteran and makes about 4K a month. I don’t want a divorce but I’m left with no choice. A

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Georgia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was hoping I could file without one. Also, the home we own together his mother has her best friend living in it, rent free, fully furnished with my furniture. I’m thinking I will need to evict her, but not sure how to do that either, as we were given the home through a mortgage company who was giving homes to Vets in 2014 and we were 1/24 couples who received this blessing. I chose to leave when my son was 4 months old.

Submitted: 6 months ago.Category: Family Law
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Answered in 1 hour by:
11/27/2017
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,891
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

Good morning. I am sorry to hear about this. How long have you resided in GA for?

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Customer reply replied 6 months ago
I was born and raised in GA- all of my 31 years of life now.
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

Thank you for the reply. It is always in your best interest to retain a family law attorney to represent you, since there are children and possibly other issues but you can proceed and do this on your own and the clerk of court in the family division, should have the forms for you to fill out and file.

(1) File the Complaint for Divorce. First, you file a Complaint for Divorce and tell the court why you want a divorce. You must tell the court why you want a divorce. There are specific reasons that the law will allow you to get a divorce. You must say which of the reasons you are asking the court to grant a divorce. In the Complaint you must also tell the court what you want the court to do. Do you want custody of any children you and your spouse have? Do you want the court to award you child support so that you can have money to take care of the children? How do you want the court to divide the property that you and your spouse have? There is a fee to file for a divorce.

You generally file the Complaint for Divorce in the Superior Court of the county where your spouse lives. You may file in the county where you both lived if your spouse moved to another county within six months of the date you are filing. If your spouse has moved out of state, you can file in your county.

(2) Service of Process - the Legal Way to Give the Complaint for Divorce to Your Spouse. You must have a copy of the Complaint for Divorce "served" on your spouse. This means that the sheriff or another "process server" will give the divorce papers to your spouse in the way that the law requires. This is called "service of process". There is also a fee to have the Complaint served.

(3) Hearing or Trial. After your Complaint for Divorce is served on your spouse the spouse may file an answer. If your spouse does not file an answer, your divorce is considered to be "uncontested". If there are no issues to be decided (such as child custody, child support, division of property, etc.) then the court will schedule a hearing where the court will make a final decision. If the divorce is contested by your spouse (when they file the Answer), the court may schedule the case for a temporary hearing or a trial.

Courts have different schedules for trying divorces. The court may require that the parties attend mediation. Check with the Clerk of Court concerning your court's requirements.

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Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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