Atlanta, GA asked in Divorce for Georgia

Q: I have been separated from my husband for 4 years, I have 2 children within the marriage that are not his I reside in GA

Do I need an attorney to get a divorce? I'm not sure where my "husband" is. We split up due to domestic felony assault, I obtained a protective order against him. He served his time. Is that grounds for an uncontested divorce, since he wont contest due to not being located, and am I able to file in GA without an attorney?

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Marietta, GA
  • Licensed in Georgia

A: You have to make a good faith search to find your husband. You will have to certify with the court the attempts you made to find him. I strongly recommend you consult with local counsel to determine your obligations regarding the search.

Once a good faith search has been made, and you or your attorney certifies your attempts, a judge may grant you permission to serve the complaint by publication. Again, consider consulting with local counsel first. After the consultation, you may feel comfortable handling it by yourself.

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