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My husband filed for divorce in GA (military) and I was not notified. I live in FL. H

Viera, FL |

My husband filed for divorce without notifying me in GA (he is active duty military and claims he notified me via newspaper). The divorce was granted without my knowledge. He was in Korea when he filed and I was unable to answer because of the Hauge Convention. He is now back in Alabama and I need the case opened in Fl where I reside. Child support was NOT addressed due to GA not having jurisdiction over child and my half of his military retirement was NOT addressed on the final decree.

How do I open this back up in Brevard County FL where myself and my daughter live (now 19). He no longer resides in the county in which the divorce was filed - he now lives in Alabama.

Am I able to register this final judgement and decree in the courts then petition to modify it to add retirement?

Attorney Answers 3

Posted

Florida has no jurisdiction over him. You should speak to an Alabama lawyer about it, but I think you're going to have to open a child support case in the county where he lives.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Brent Allan Rose

Brent Allan Rose

Posted

And I missed your question about retirement. You'll have to reopen the Georgia case to claim your portion of the retirement.

Asker

Posted

Thank you for your help! So neither one of us live in GA; do we have to fight this out in GA? The child is a resident of FL - and his home state is Florida. I thought child support jurisdiction is where the child lives?

Brent Allan Rose

Brent Allan Rose

Posted

No, child support jurisdiction is the location of the payor (in this case, the father). You may be able to have your Georgia divorce case transferred to Alabama, but I don't know the laws of either of those states.

Asker

Posted

Thank you so much for you time! I really appreciate your help!

Posted

From the facts you have written it does not appear that FL would have jurisdiction over him. You need to have an attorney in GA look into the case and determine what needs to be done. There might have been a fraud on the court if he knew exactly where you were, and published in the newspaper to avoid you finding out about him filing for divorce.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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Posted

I agree with both of my colleagues. Additionally, you do not state how long ago this occurred and when you found out about it. You state that your daughter is now 19 which leads me to believe that it may have been a while ago. You have some timing issues and jurisdictional issues. Also, GA would have jurisdiction over child support if they had jurisdiction over your husband, they would NOT have had jurisdiction over parenting and timesharing if your child was in Florida the entire time. You should consult a GA attorney to see what can be done.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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2 comments

Asker

Posted

I found out about this Aug 2012. The divorce was signed June 2012. The issue is he was stationed in Korea from Jan 2012-Jan 2014 so I was unable to do anything legally because of various laws protecting him while he was in Korea. The GA final divorce decree specifically states that the courts do NOT have jurisdiction over time sharing and child support. It was never addressed. Splitting his US Army retirement was also not addressed on the final divorce. We were married 19 years with him serving all of those 19 years on Active Duty. I've contacted the GA clerk of courts, two attorneys in GA and the Brevard Clerk of Courts and both have stated I need to domesticate the divorce in FL (just found this out today). That differs from the information I am receiving on this forum - so I will continue to research what I need to do.

Tami Lane Augen

Tami Lane Augen

Posted

The service members civil relief act would/could only protect him if someone were to sue him, if he is the petitioner, then it should not protect him. Domesticating the divorce in Florida does NOTHING to obtain his pension. You MUST deal with the ORIGINAL matter in GA and find a way to have it set aside based upon fraud or some other theory. If you domesticate in Florida and attempt to modify, the ONLY thing that you can possibly modify is child support and that would only give you from maybe Aug. 2012 through the time your daughter turned age 18 or graduated from high school. It WILL NOT do anything to allow you to touch his pension as that is an equitable distribution issue and not subject to modification. Clerks of court are not attorneys and cannot give legal advice nor do they know the law the way an attorney does. You need to find the absolute best attorney in GA that can assist you. The other two, in my opinion, did not assist you properly. What you need to determine is if GA has any law that will allow you to set aside a final judgment after this much time has passed. Also, you state that you were unable to do anything because he was stationed in Korea...you must gather up everything that you tried to do during that time period but were unable to do. There are attorneys who "specialize" in Military Divorce and you need to be directed to one of those individuals - spend the money for a consult and get the correct advice!!

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