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Can the judge grant the divorce the day we go to court based on the papers filed and if she doesn't show can the hearing go on?
Atlanta, GA
Viewed 30 times.
Posted 21 days ago in Divorce / Separation
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I filed for divorce from my spouse. I filed a contested divorce because she says if I wanted the divorce I had to file it. We have no kids or financial obligations together. She fiiled an answer agreeing to the maritial settlement agreement and petititon for dissoultion with the exception to some of the verbiage, ie how long we were seperated, the county I state I have resided in, and a house we forclosed on together. We both are Georgia residents. The courts say we have to come to court because she didn't sign the maritial agreement and I can't get her to voluntary sign it. She says her lawyer didn't tell her she needed to sign it that she only needed to file an answer. As i mentioned in her answer she stated was in agreement with it except for the what i mentioned earlier.
Answers (3)Glen Edward Ashman
This attorney is licensed in Georgia.
Posted 20 days ago.
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You do not have an uncontested divorce (which is one with a complete settlement of all issues in writing). Since you have a contested divorce you need to sit down with counsel and carefully determine your next steps.
Christopher T. Anderson
This attorney is licensed in Georgia and 1 other state.
Posted 20 days ago.
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What I believe you are writing is that
a) you have filed for divorce b) your wife has filed an answer, agreeing to the major items you proposed c) your wife has not signed a settlement agreement d) the court has scheduled a hearing. In this circumstance, if your wife has proper notice of the hearing, and does not show up or ask for a continuance, the hearing can go on. There are many potential pitfalls along the way, and I strongly suggest you seek legal counsel before finalizing your divorce to be sure you have done things correctly, and that you haven't made a mistake that may cost you later. *** This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone. There is no way the amount of information in a website posting could be sufficient for the poster to provide informed legal advice. If you have legal questions pertaining to your situation, you should discuss them with an attorney, in person, and in sufficient detail for that attorney to provide you with confidential, competent legal advice ***
Damon Sharad Bivek
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