How do I file for divorce by publication in Georgia?
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How do I file for divorce by publication in Georgia?
In order to be eligible for a “Divorce by Publication” in GA, you must complete and submit an Affidavit of Diligent Search form to the court. This document clearly outlines all of the actions you have taken to locate your spouse, essentially proving to the court that your spouse absolutely can’t be found.
How long does a publication divorce take?
From start to finish for a publication divorce it usually takes between 13 and 16 weeks to complete the case and obtain a final decree of divorce (compared to between 6 and 10 weeks for an uncontested divorce).
How do I get a divorce through the newspaper?
If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse.This is called a Motion to Serve by Publication or Posting.
Can you divorce someone if you don’t know where they are?
It is possible to apply for a divorce without knowing the location of your spouse. If you do not know the whereabouts of your spouse you can apply to the Court for substituted service or dispensation of service as long as you can show the Court that you have made attempts to contact your spouse.
Can you sign a separation agreement without a lawyer?
Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm.
Does a will override a separation agreement?
However, unless a separation agreement is very carefully worded, the wills made by the parties to a separation agreement, even if those wills predate the separation agreement and appear on their face to be contrary to the intention of the separation agreement, will be found to prevail.
