Ok now what??

[nowhatdoido]

What is the name of your state (only U.S. law)? Georgia

I called a lawyer this morning because I want to file for divorce. My husband lives in florida. I live in georgia. The attorney told me I would have to file in florida since he lives in florida. So, I call florida, they tell me I can't file for divorce in florida because I am not a resident. They say I would have to get him to file. I do not have an address for my husband because he would never give me one. And he never answers the phone when I call. What do I do??What is the name of your state (only U.S. law)?

Just got off the phone with another lawyer. They suggest service by publication since I do not have an address and I am not even sure that the phone number I have is still good. What exactly is this?? I do have his mother's address and I know where he worked 6 months ago.

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

I called a lawyer this morning because I want to file for divorce. My husband lives in florida. I live in georgia. The attorney told me I would have to file in florida since he lives in florida. So, I call florida, they tell me I can't file for divorce in florida because I am not a resident. They say I would have to get him to file. I do not have an address for my husband because he would never give me one. And he never answers the phone when I call. What do I do??What is the name of your state (only U.S. law)?

If you have lived in GA for at least six months, then you can file there. If you have not lived in GA for at least six months, then you may have to wait until you have.

 

[nowhatdoido]

I have lived in Georgia for a few years now. The lawyer said I have to file in florida because my husband lives there. I have talked to 3 different lawyers in ga and they are all saying file in florida.

 

[Ohiogal]

I have lived in Georgia for a few years now. The lawyer said I have to file in florida because my husband lives there. I have talked to 3 different lawyers in ga and they are all saying file in florida.

Has your husband ever lived in Georgia? Did you get married in Georgia? They are probably saying that because Georgia may not have PERSONAL jurisdiction over your husband.

 

[LdiJ]

Has your husband ever lived in Georgia? Did you get married in Georgia? They are probably saying that because Georgia may not have PERSONAL jurisdiction over your husband.

That makes no sense. GA may not have personal jurisdiction over an FL resident, but but that does not preclude a divorce happening in GA.

 

[Ohiogal]

That makes no sense. GA may not have personal jurisdiction over an FL resident, but but that does not preclude a divorce happening in GA.

If the state does NOT have personal jurisdiction over someone then they cannot hear a case involving the person they have no jurisdiction over.

 

[TheGeekess]

That makes no sense. GA may not have personal jurisdiction over an FL resident, but but that does not preclude a divorce happening in GA.

I'm with you on this....

 

[Ohiogal]

From Legal Definition of Personal Jurisdiction

PERSONAL JURISDICTION - If the court is being asked to determine any defendant's rights or obligations, it must have the power to make orders concerning the individual defendant. This is called personal jurisdiction. Personal jurisdiction is also called "in personam jurisdiction."

For a court to have personal jurisdiction over a defendant, the defendant must have been personally served (or have accepted service of the court papers) and the defendant must have at least some contacts with the state in which the court is located. No set number qualifies as the minimum; each situation must be analyzed case by case. If the defendant lives out of state, the court must look at the defendant's contacts with the state. Going into a state regularly to conduct business is usually sufficient for the court to obtain jurisdiction; sending child support payments to a state, without actually visiting the state, however, is not.

Example: Denise and Walter spent their entire married life in Colorado. Denise moved to New Mexico, established residency and sued for divorce. If Walter has virtually no contacts with New Mexico, the New Mexico court has no personal jurisdiction over him. As a practical matter, this means the court may award Denise a divorce, but cannot make any decisions affecting the division of property, an award of alimony or child support, or a determination of custody and visitation because these matters affect Walter's rights as an individual. If, however, Walter and Denise spent five weeks every summer during their marriage in New Mexico, the court may rule that Walter's contacts with New Mexico are sufficient for there to be personal jurisdiction in New Mexico.

This can be a complicated and convoluted area of law with many pitfalls and obstacles should opposing parties decide to contest personal jurisdiction.

Two types of jurisdiction are needed in every case -- personal jurisdiction AND subject matter jurisdiction. The above from another web site explains it. I have gotten DIVORCE cases thrown out do to lack of personal jurisdiction. If hubby has NO contacts with Georgia then Georgia has no right to make decisions regarding HIS life. Including whether he is divorced or not. Unless he consents to said jurisdiction.

 

[LdiJ]

From Legal Definition of Personal Jurisdiction





Two types of jurisdiction are needed in every case -- personal jurisdiction AND subject matter jurisdiction. The above from another web site explains it. I have gotten DIVORCE cases thrown out do to lack of personal jurisdiction. If hubby has NO contacts with Georgia then Georgia has no right to make decisions regarding HIS life. Including whether he is divorced or not. Unless he consents to said jurisdiction.

This portion would seem to contradict that:

Example: Denise and Walter spent their entire married life in Colorado. Denise moved to New Mexico, established residency and sued for divorce. If Walter has virtually no contacts with New Mexico, the New Mexico court has no personal jurisdiction over him. As a practical matter, this means the court may award Denise a divorce, but cannot make any decisions affecting the division of property, an award of alimony or child support, or a determination of custody and visitation because these matters affect Walter's rights as an individual. If, however, Walter and Denise spent five weeks every summer during their marriage in New Mexico, the court may rule that Walter's contacts with New Mexico are sufficient for there to be personal jurisdiction in New Mexico.

OP, you need to actually HIRE an attorney, because you will have to serve him via publication if you cannot find him.

 

[nowhatdoido]

Thanks for all the help.

Thanks everyone. I did hire a lawyer and it will be a divorce my publication. I appreciate all of your suggestions and help.

Also, I called the Florida bar...A suggestion from the lawyer I ended up hiring..and they said I could not file in Florida.

Oh, I forgot to answer Ohiogal's questions: We were married in Florida. We never lived in Ga together. I moved up here after we separated.