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Do we both have to be at the court house to file divorce papers?

Jefferson, GA |

I'll be filing in Jackson County, GA. I was told by the clerk of court to have the papers signed and notarized then pay a filing fee of $208. My ex has been fine with this until today, now she texts me and says that the court house is telling her that we both have to go to the court house and show our I.D. and sign there at the court house and pay to file them. Which is the truth? I doubt she really called the court house. The lady I spoke to was the Clerk of Court and I understood her to say sign and notarize, then bring in and I pay to file. WHICH IS IT?

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Attorney answers 4

Posted

Divorce is not like shopping at Wal-Mart.

It is a complex process and you need a lawyer. Get one, and do not do anything without counsel. Pro se divorces lost always go very badly.

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 (and am not your lawyer). 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). I am happy to discuss possible representation with you. 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.

Asker

Posted

we cannot afford $1500+ for a lawyer right now, I've searched for MONTHS for a lawyer that either has a payment plan or a reasonable fee and have not found one. I just want to divorce this crazy woman.... :-(

Glen Edward Ashman

Glen Edward Ashman

Posted

If you atre being quoted fees of that and higher you either have a contested case or a rather complex uncontested one. Let me stress to you that if you make the completely foolish move of filing pro se in that type case, you may either never get divorced or end up with a bad outcome that could cost you a lot more than the attorneys fees. Save up money, and do it right.

Asker

Posted

we will. It's a straight forward divorce. Standard visitation/custody, no assets to divide, no alimony, child support order already in place. She is willing to sign and be done as am I.

Glen Edward Ashman

Glen Edward Ashman

Posted

A case with children is NEVER "straight forward." And where you can't even agree on how to get papers signed, you have a disaster in the making. Divorce btw REPLACES any existing support order.

Posted

I'm always a bit surprised when it's necessary to state this: in a divorce case, do not take legal advice from your spouse.

And don't accept without question any advice from your spouse's attorney if your spouse gets an attorney. Get a good divorce lawyer and accept advice only from your lawyer.

This answer is for informational purposes only. This answer is not intended to create, and does not create, an attorney-client relationship. Use of this answer is not intended to create in any party any rights whatsoever. You should not rely on this answer alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters.

Posted

I'll agree with what the prior to lawyers said and reiterate the need for a lawyer here. I'll also answer your question though - I don't know of any courts that require both the Petitioner and Respondent to be there at the filing window when the case is filed. The court clerk's answer seems more accurate.

Posted

Contact a local attorney or certified family law mediator/divorce coach to get your answer. Family, friends, and yes, even ex-spouses, don't always have the right answers!