Asked 11 months ago - Atlanta, GAFlag
my husband i know exactly where each other live. someone suggested we get divorced through the news paper because it is cheap. i question how legit this is. also i am now pregnant and i am sure there are some rules about this as well. it is his baby by the way.
First of all, it is NOT possible to get divorced "through the newspaper". "Divorce by publication" just means that the defendant in the divorce action is served by publication instead of personal service or acknowledging service.
Additionally, divorce by publication is not "cheap". The cost of publication is (on average) $80, as opposed to $50 for sheriff service or $0 for acknowledging service.
Finally, the only way to serve a defendant by publication is to receive an order from the judge allowing such service. To receive the order, the plaintiff must state under oath that he/she does not know where the defendant is located. If your husband knows where you live, his making such statement would be perjury. Thus, it would be absolutely improper for him to pursue this route.
The least expensive divorce available is a consent divorce. A consent divorce requires both parties to be in complete agreement about EVERYTHING (how to divide assets, how to distribute debts, and the paternity of your unborn child). (You should know, if you are still pregnant at the time a final decree is issued, you will have to deal with custody and child support in a later pleading. If your child is born prior to the final being granted, you would have to reach an agreement about custody and support for you to have a "consent divorce".)
I hope this information helps answer your question(s).
~ Kem Eyo
To do taht he would have to commit perjury and he can go to prison, and the divorce can be voided. Since you have a child involved, unless you both sign a settlement agreement, you will have a contested case where one person will serve the other via sheriff. With a child on the way you have a complex situation where you absolutely need to see a lawyer ASAP, especially if he is talking about defrauding the court.
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