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I just got served divorce papers. It states that the plaintiff…

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I just got served divorce...
I just got served divorce papers. It states that the plaintiff and the defendant have entered into a marital termination agreement in the interest of settling all issues between themselves, except the question of the divorce. What exactly does that mean? Also, it states that I have 30 days to respond with an answer. Do I have to respond if I don't agree with getting a divorce?
Submitted: 8 years ago.Category: Legal
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6/13/2010
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

A "marital termination agreement" is a fancy way of stating that you and the other spouse have a separation agreement in place.

You do not have to respond, but it is in your best interest as you can then request counseling and other options from the court first before a divorce is formally granted or pursued by the courts on your behalf.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 6/13/2010 at 3:34 AM EST
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Customer reply replied 8 years ago
If I don't respond to it, is there anyway he can make the divorce finally? Also, I found out that he lied to me about his age. He told me that he was 36 when we got married, but I found documents showing that he is actually 10 years younger than that. Can you tell me what I can do about him lying about his age to me? Also, what proof will I need to prove that? I have his DL and passport stating he was born in 1982 and his military id stating he was born in 1972. He bascially, he committed fraud to get into the military...
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
Thank you for your follow-up.

He can try to go for a default divorce, by claiming that he was unable to reach and serve you. While such default rulings are uncommon, they can take place.

Lying about his age would probably not constitute a valid breach, as he was still of legal age when married.. Whether or not he committed fraud regarding the military still does not in any way shape or form detract from your marriage--that contract is still valid.

I am sorry.

Edited by Dimitry Alexander Kaplun on 6/13/2010 at 3:46 AM EST
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Customer reply replied 8 years ago
It dosent count as fraud if a person uses the wrong birth date to get married? Couldnt I get an anullment?
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
You can try to get an annulment--Georgia does recognize "fraudulent inducement" as one of the grounds--if you attempt to claim that you were fraudulently induced to enter into the marriage due to age, the judge may allow it, but it is an outside shot, as such fraud may not be deemed material or serious enough to warrant an annulment.

Good luck.

Edited by Dimitry Alexander Kaplun on 6/13/2010 at 3:58 AM EST
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Customer reply replied 8 years ago
What does it mean when it states that the plaintiff respectfully XXXXX XXXXX the court incorporate this marital termination agreement and waiver into the final judgment and decree of this court entered in this case?
Lawyer: Dimitry K., Esq., Attorney replied 8 years ago
That means that the other party wants to use the separation agreement terms as the final terms for the divorce and the divorce decree.

Good luck.

Sincerely, XXXXX Esq.


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