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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


  1. 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. 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.


  3. 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.


  4. 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.


  5. 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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