Georgia, GA asked in Divorce for Georgia

Q: How can I divorce my ex without knowing his location and paying to file the paperwork

I am unemployed and have no money to file divorce papers in the courts I also have been seperated from him for over 3 years I have no idea of his whereabouts and have had no contact since we seperated I have tried everything I can to try and locate him and have been unsucessfull please help me get a divorce

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1 Lawyer Answer
Beverly L. Cohen
Beverly L. Cohen
Answered
  • Roswell, GA
  • Licensed in Georgia

A: If you are indigent, you can file a petition for divorce without paying the filing fee, however, you must first fill out a pauper's affidavit and obtain an order from a judge granting you the right to proceed "in forma pauperis."

If you do not know the whereabouts of your husband, he can be served by publication with the divorce petition. You will need an order from a judge allowing you to have him served by publication but first you will have to show the judge that you made a diligent search to locate him which may include contacting his parents, siblings, children, or anyone else who is likely to know where he is.

Even if you are allowed to file the divorce action "in forma pauperis" and serve him by publication, I do not know if the publication fee will be waived.

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