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If my wife is wanting to contest our divorce and she can't afford an attorney, can I file w/o her signature? What are my rights?
Powder Springs, GA
Viewed 384 times.
Posted 10 months ago in Divorce / Separation
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SHE'S HOLDING THE PROCESS UP BECAUSE SHE CAN'T AFFORD TO HIRE HER OWN ATTORNEY. ALL WE HAVE AS JOINT PROPERTY IS A MOBILE HOME THAT IS BEING LEASED RIGHT NOW. HOW LONG CAN SHE HOLD OUT THE PROCESS?
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Answers (1)Jon Vincent Forehand
This attorney is licensed in Georgia.
Posted 10 months ago.
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You can file a divorce action without the other person's consent. However you must have your wife served with the divorce papers, usually by the sheriff. Once she is served she has up to 45 days to file an answer to the complaint for divorce or she is in default and you can take a decree without her consent. If she files an answer you would likely need a hearing to resolve the case.
In any case you should hire an attorney to make sure the papers are prepared correctly and to protect your rights. |