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Complicated Divorce

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TheNextMovement

Junior Member
What is the name of your state? Georgia

My fiancee has been legally separated from her ex-husband for a year now. During this span of time she has been in contact with him occasionally and has asked multiple times for a divorce. Since she lives out of state she cannot acquire the appropriate paperwork at the County Courthouse and has been relying on him to get the paperwork and send it to her.

We just found out last month that she is pregnant. I know that in Georgia there are laws that state that underneath extenuating circumstances a divorce can be granted on the same day the hearing happens, but neither her nor I live in Georgia but this is where her ex-husband has resided for the past 3 years. Since Georgia states that it only takes 30 days from the time of filing to be divorced we decided we would use an online site to file the paperwork in Georgia.

Her ex-husband hasn't been hard to locate or impossible to contact, but he has a habit of sitting on things and not getting them done. Since he would be the respondent, and since I doubt he would respond in 30 days of being served, would it extend the waiting period to enter a plea of default? Can entering a plea of default be done from out of state?

What is the serving process? Is he sent the paperwork through certified mail? Or does someone from the court physically serve him with the papers?

My fiancee and I currently live in CA, but we are going to be moving to CT for our wedding. Do either one of those states have a way of expediting the waiting period for a divorce based on extenuating circumstances? Her ex-husband is currently un-insured and she has no state aide insurance. CA has a waiting period of 6 months, CT has a waiting period of 90 days. It's vital that her and I get married so that she can have insurance and receive pre-natal care for our child. Neither of us currently have the money for a divorce lawyer, is it possible to go before a judge, explain the situation, and have a divorce granted quick enough that our unborn child doesn't suffer?
 


Silverplum

Senior Member
What is the name of your state? Georgia

My fiancee has been legally separated from her ex-husband for a year now. During this span of time she has been in contact with him occasionally and has asked multiple times for a divorce. Since she lives out of state she cannot acquire the appropriate paperwork at the County Courthouse and has been relying on him to get the paperwork and send it to her.

We just found out last month that she is pregnant. I know that in Georgia there are laws that state that underneath extenuating circumstances a divorce can be granted on the same day the hearing happens, but neither her nor I live in Georgia but this is where her ex-husband has resided for the past 3 years. Since Georgia states that it only takes 30 days from the time of filing to be divorced we decided we would use an online site to file the paperwork in Georgia.

Her ex-husband hasn't been hard to locate or impossible to contact, but he has a habit of sitting on things and not getting them done. Since he would be the respondent, and since I doubt he would respond in 30 days of being served, would it extend the waiting period to enter a plea of default? Can entering a plea of default be done from out of state?

What is the serving process? Is he sent the paperwork through certified mail? Or does someone from the court physically serve him with the papers?

My fiancee and I currently live in CA, but we are going to be moving to CT for our wedding. Do either one of those states have a way of expediting the waiting period for a divorce based on extenuating circumstances? Her ex-husband is currently un-insured and she has no state aide insurance. CA has a waiting period of 6 months, CT has a waiting period of 90 days. It's vital that her and I get married so that she can have insurance and receive pre-natal care for our child. Neither of us currently have the money for a divorce lawyer, is it possible to go before a judge, explain the situation, and have a divorce granted quick enough that our unborn child doesn't suffer?
If the child "suffers," it's because of YOU and the MOTHER. For Pete's sake. :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

She didn't have to "rely on him" to get her divorce papers. There's such a thing as the internet, and the good old-fashioned hire-an-attorney road. :rolleyes::rolleyes:

Pretty irresponsible of you two to get pg when you have no money and no insurance. Pretty dim of you to try to blame her husband. :rolleyes:
 

TheNextMovement

Junior Member
I currently am insured.

Neither of us have the money for a lawyer. We didn't intend on her getting pregnant, we weren't trying, and we weren't irresponsible. She was on birth control when she got pregnant.

I'm not blaming her ex-husband for the child suffering. Most websites that offer divorces on-line do not offer any information as to what are the proceedings when the two parties live out of state and one party does not sign. We were unsure as to what to do to get the divorce proceedings started and what would happen if she filed from out of state through an internet website and he did not sign the paperwork. It was only recently that I was able to find out that a plea of default can be entered if the respondent does not answer in 30 days.
 

Silverplum

Senior Member
I currently am insured.

Neither of us have the money for a lawyer. We didn't intend on her getting pregnant, we weren't trying, and we weren't irresponsible. She was on birth control when she got pregnant.

I'm not blaming her ex-husband for the child suffering. Most websites that offer divorces on-line do not offer any information as to what are the proceedings when the two parties live out of state and one party does not sign. We were unsure as to what to do to get the divorce proceedings started and what would happen if she filed from out of state through an internet website and he did not sign the paperwork. It was only recently that I was able to find out that a plea of default can be entered if the respondent does not answer in 30 days.
And yet, pg she is and divorced or insured she is not.

Quite the conundrum.
 

mistoffolees

Senior Member
What is the name of your state? Georgia

My fiancee has been legally separated from her ex-husband for a year now. During this span of time she has been in contact with him occasionally and has asked multiple times for a divorce. Since she lives out of state she cannot acquire the appropriate paperwork at the County Courthouse and has been relying on him to get the paperwork and send it to her.

We just found out last month that she is pregnant. I know that in Georgia there are laws that state that underneath extenuating circumstances a divorce can be granted on the same day the hearing happens, but neither her nor I live in Georgia but this is where her ex-husband has resided for the past 3 years. Since Georgia states that it only takes 30 days from the time of filing to be divorced we decided we would use an online site to file the paperwork in Georgia.

Her ex-husband hasn't been hard to locate or impossible to contact, but he has a habit of sitting on things and not getting them done. Since he would be the respondent, and since I doubt he would respond in 30 days of being served, would it extend the waiting period to enter a plea of default? Can entering a plea of default be done from out of state?

What is the serving process? Is he sent the paperwork through certified mail? Or does someone from the court physically serve him with the papers?

My fiancee and I currently live in CA, but we are going to be moving to CT for our wedding. Do either one of those states have a way of expediting the waiting period for a divorce based on extenuating circumstances? Her ex-husband is currently un-insured and she has no state aide insurance. CA has a waiting period of 6 months, CT has a waiting period of 90 days. It's vital that her and I get married so that she can have insurance and receive pre-natal care for our child. Neither of us currently have the money for a divorce lawyer, is it possible to go before a judge, explain the situation, and have a divorce granted quick enough that our unborn child doesn't suffer?
Find the money to get an attorney in Georgia and get things resolved ASAP. If necessary, use your wedding money for that instead of a relocation across the country.
 

TheNextMovement

Junior Member
I'm relocating because of work. My job is covering the moving expenses. We were planning on getting married in CT because by the time this is all resolved we will most likely be living there, and we weren't planning on having a wedding at all more than just going to the courthouse, or having a JOP come over to our house and legally marry us.
 

Silverplum

Senior Member
Your point being?
Gee, I thought my point was pretty obvious. It's not the H's fault that his wife is pg by another guy and has never bothered to file for divorce. IIRC, GA divorces, like most, take about 6 months to process, uncontested. She'd better get cracking.

And why is this titled "Complicated Divorce"? It's not complicated: it's nonexistent. It could be titled, "The Divorce That Was Never Filed." Or "My Child Will Have My Girlfriend's Husband's Last Name." That one would be eye-catching.
 

TheNextMovement

Junior Member
You have the worst reading comprehension in the history of the internet.

Did I state anywhere in my OP that I laid the blame at the feet of her ex-husband? Did I say that it's his fault that the divorce hasn't happened yet? No, I said that she relied on him to get the paperwork filed. The last time I checked the word rely is not a synonym for the word blame. But somewhere along the line, those last two synapses you possess, must have somehow made the connection that rely=blame.

My original post never stated that he was somehow at fault for what was occurring now, or the difficulty we are both going to experience trying to get her divorced from her ex.

Oh and BTW, she never legally changed her last name, so the child won't have his last name.
 

seniorjudge

Senior Member
Q: You have the worst reading comprehension in the history of the internet. Did I state anywhere in my OP that I laid the blame at the feet of her ex-husband? Did I say that it's his fault that the divorce hasn't happened yet?


A: Yes, I said that she relied on him to get the paperwork filed.



You do NOT have a complicated divorce situation.

It is simple.

Wait till ma hatches.

Hire a lawyer in Georgia.

Have the lawyer file the lawsuit.
 

seniorjudge

Senior Member
If the child "suffers," it's because of YOU and the MOTHER. For Pete's sake. :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

She didn't have to "rely on him" to get her divorce papers. There's such a thing as the internet, and the good old-fashioned hire-an-attorney road. :rolleyes::rolleyes:

Pretty irresponsible of you two to get pg when you have no money and no insurance. Pretty dim of you to try to blame her husband. :rolleyes:
Oh crap.

Here I went and answered TheNextBowelMovement and he dissed you!

I checked the books, and you still owe me $4.50.

I hope I won't have trouble collecting.:eek:
 

Silverplum

Senior Member
Oh crap.

Here I went and answered TheNextBowelMovement and he dissed you!

I checked the books, and you still owe me $4.50.

I hope I won't have trouble collecting.:eek:
I'm glad you answered him: he needed to hear from someone other than The Person With The Worst Reading Comprehension On The Internet. ;) :p

I thought you owed me $4.50? :D
 

seniorjudge

Senior Member
Q: You have the worst reading comprehension in the history of the internet. Did I state anywhere in my OP that I laid the blame at the feet of her ex-husband? Did I say that it's his fault that the divorce hasn't happened yet?


A: Yes, I said that she relied on him to get the paperwork filed.



You do NOT have a complicated divorce situation.

It is simple.

Wait till ma hatches.

Hire a lawyer in Georgia.

Have the lawyer file the lawsuit.
And one other thing, in your lawsuit your sweetie will have to pay for a lawyer for HER child.
 

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