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Should I consent to jurisdiction for divorce in Cobb Co., GA? We both live in Dekalb Co.

Dunwoody, GA |
Filed under: Divorce

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.

Attorney Answers 5

Posted

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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3 comments

Asker

Posted

We are working on the settlement agreement, and could feasibly agree to venue at any point. No kids, no alimony, just assets, house and stuff to divide.

Ikemesit Amajak Eyo

Ikemesit Amajak Eyo

Posted

No sir, you cannot "feasibly agree to venue at any point". Now that the complaint has been filed, you have only 30 days from the date of service to either agree or object to venue. If you object, your divorce is automatically "contested" (even if only regarding that one issue).

Glen Edward Ashman

Glen Edward Ashman

Posted

When you have assets to divide, you will miss or may miss critical legal deadlines in not having counsel in what now IS a contested divorce. The issue of venue is one of those where there is a deadline.

Posted

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.

Good luck.

~ 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.

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Posted

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.

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2 comments

Asker

Posted

Thanks Diane. That was the reason for filing in Cobb, the understanding that Cobb Superior Court may accommodate a more efficient process for an uncontested divorce. Unless I'm advised that moving from Dekalb to Cobb presents a disadvantage, I'll likely consent.

Asker

Posted

Thanks Diane. That was the reason for filing in Cobb, the understanding that Cobb Superior Court may accommodate a more efficient process for an uncontested divorce. Unless I'm advised that moving from Dekalb to Cobb presents a disadvantage, I'll likely consent.

Posted

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.

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3 comments

Asker

Posted

Thanks to everyone for your feedback. I realize within the limitations of a forum such as this, it's impossible to answer the specific question I asked about consent to jurisdiction. And I understand that the divorce is contested in that my wife's lawyer filed the petition and I have 30 days to respond. We are working on the settlement agreement, and I have an attorney who will review the documentation. Again, thanks to all for your input.

Amber Simone Pride

Amber Simone Pride

Posted

Okay good--I think everyone wanted to make sure you weren't being railroaded. I would just say to trust the advice of your attorney since they will have all of the pertinent information available to them :) Best of luck!

Asker

Posted

Thanks Amber.

Posted

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.

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