Snellville, GA asked in Divorce and Family Law for Georgia

Q: About divorce

Ok, so here is the story:

My wife is a Canadian and a U.S. green card holder at the same time.

My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file for divorce.

So my question is, if I don’t want to get divorced, what are my options here?

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do nothing, you will have fewer rights the longer you wait. If you wait longer than 6 months after she left, you will not have the ability to fight a custody case in Georgia.

Alake Colwell Furlow
Alake Colwell Furlow
  • Dacula, GA
  • Licensed in Georgia

A: In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for their return and what you should be doing now, is reaching out to an attorney directly and paying a retainer. Because time is of the essence in handling this case.

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