Macon, GA asked in Child Custody, Child Support, Divorce and Family Law for Georgia

Q: My ex husband lawyer want send me copies of separation papers. Can she withhold them.

I have asked for a copy numerous times. They also tell me they have a recording of me,which I didn't consent to. Can they legally keep this information from me. The county in which they should of been filed has no record of them

1 Lawyer Answer

A: Whether or not your spouse or ex-spouse has to send you copies of documents depends on what documents they are. It is unclear what documents you are asking for because you stated they were "separation papers." If you mean a complaint for divorce then yes, you should have been served with a copy. If the clerk of court does not have a copy of any paperwork, or a case number for you, with you as the defendant, then nothing has been filed yet. And if nothing has been filed yet, then they do not have a duty to serve you with paperwork they have not yet filed. If this was going to be an uncontested divorce then they should be sending you paperwork for you to sign. But you should speak to an attorney and provide more details about what this paperwork actually is, so they can properly answer your question.

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