My wife filed for divorce in Cobb Co., GA. We live in Dekalb Co. The lawyers requested a consent to jurisdiction in Cobb. Should I sign it? Or file a response that it was filed in the wrong county? We are pursuing an uncontested divorce, and are speaking separately about the settlement terms.
Divorce / Separation Lawyer
Your wife has a lawyer. Even if you feel the case is uncontested, and it is NOT, you need a lawyer. The fact that she filed and is now requesting signatures means you are in a contested divorce. For a case to be uncontested, there must be a signed settlement agreement, and the issue of venue would have to already be agreed. As to whether you should consent to venue, that is sometimes a vital issue, depending on teh facts of teh case, but there probably are even more significant issues, and you are at a huge disadvantage doing this without a lawyer on your side. Talk to one.
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Family Law Attorney
This is absolutely not the correct method for you to obtain an answer to your question. If you wish for an attorney to advise as to the benefit, or repercussion, of consenting to this jurisdiction, you need to consult directly with an attorney. In fact, if your wife obtained the attorney that filed the divorce action (rather than the two of you going to, and dealing with, the attorney together), then you really need your own attorney to review EVERYTHING to ensure that your rights are being protected.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
If you both live in Dekalb County, I'm not sure why your wife filed in Cobb County. The good news is that if you do consent to jurisdiction in Cobb County and the two of you have reached agreement on all of the issues, you can get on the uncontested calendar very quickly or, in some cases depending on your Judge you are assigned, you may be able to bypass Court altogether and be granted a divorce upon filing a Motion for Judgment on the Pleadings.
My primary concern is that you said this in uncontested, but seem confused about how things are progressing. I'm not sure why your wife or her attorney would choose Cobb county if you both live in DeKalb. Maybe the attorney practices quite a bit in Cobb and is more comfortable there. In the end, the other advice you have received here is correct--consult with an attorney and have them review any settlement agreement or documentation that has been drafted thus far to make sure your rights are being protected. It can still be uncontested with attorneys involved on both sides.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.
Divorce / Separation Lawyer
To protect yourself, you should consult with an attorney to review the Settlement Agreement before signing anything. There may be no harm in filing in Cobb and on the other hand it may be detrimental. Call an experienced family law attorney.
Shalamar J. Parham
Atlanta Divorce Attorney
The above is for general information and is not legal advice. No attorney-client relationship or attorney-client privilege has been created by this response. For legal advice regarding the facts of your case, consult with an attorney.