Do we both have to be at the court house to file divorce papers?

Asked almost 2 years ago - Jefferson, GA

I'll be filing in Jackson County, GA. I was told by the clerk of court to have the papers signed and notarized then pay a filing fee of $208. My ex has been fine with this until today, now she texts me and says that the court house is telling her that we both have to go to the court house and show our I.D. and sign there at the court house and pay to file them. Which is the truth? I doubt she really called the court house. The lady I spoke to was the Clerk of Court and I understood her to say sign and notarize, then bring in and I pay to file. WHICH IS IT?

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Divorce is not like shopping at Wal-Mart.

    It is a complex process and you need a lawyer. Get one, and do not do anything without counsel. Pro se divorces lost always go very badly.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Nathaniel Michael Smith

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . I'm always a bit surprised when it's necessary to state this: in a divorce case, do not take legal advice from your spouse.

    And don't accept without question any advice from your spouse's attorney if your spouse gets an attorney. Get a good divorce lawyer and accept advice only from your lawyer.

    This answer is for informational purposes only. This answer is not intended to create, and does not create, an... more
  3. Gerald W. Linnenbringer

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . I'll agree with what the prior to lawyers said and reiterate the need for a lawyer here. I'll also answer your question though - I don't know of any courts that require both the Petitioner and Respondent to be there at the filing window when the case is filed. The court clerk's answer seems more accurate.

  4. Diane L. Danois

    Contributor Level 4

    4

    Lawyers agree

    Answered . Contact a local attorney or certified family law mediator/divorce coach to get your answer. Family, friends, and yes, even ex-spouses, don't always have the right answers!

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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