Recieved out-of-state divorce summons and need a little advice.

[LarsWB]

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

Hello,
I live in Atlanta, GA - wife lives in south Florida. Separated for 3 years this July, and I've just been served a divorce summons by her, which we both agreed needed to happen. I would like to answer to the summons myself, using online forms (found on the Florida courts website) for this initial step.
I agree with everything in the summons, except for one thing - she is asking for alimony. That was unexpected. She has been working in Florida for almost 3 years (this July), owns her own home down there, and has a BA in computer field as well as years of training in web development.
We have a 15 year old son who lives with me, and wife has not paid an ounce of child support since he moved to Atlanta in July 2012
I'm guessing she put the alimony request in the summons to try and 'cover' any child support she will have to send me, if in fact the court grants her the alimony. It angers me that she doesn't want to help financially with her own son.

1. Do I use the 'answer to divorce summons' forms from Florida, or I can use forms from Georgia, or does it matter?
2. I plan on disagreeing with the alimony/life insurance policy in her name to cover it, and plan on asking for back child support from the day my son move back to live with me.
3. We have no joint debts, property, or otherwise, and pretty much agree on when our son flies back and forth (sometimes I want him out of my hair!), but I just think the alimony thing is ridiculous.
I'm on day 5 of the 20 days to respond.

Any and all advice is much appreciated, and yes I will see a local attorney if needed. I thank you all!

 

[tranquility]

1. Do I use the 'answer to divorce summons' forms from Florida, or I can use forms from Georgia, or does it matter?

The suit is in Florida. That is the law (and forms) you must use.

2. I plan on disagreeing with the alimony/life insurance policy in her name to cover it, and plan on asking for back child support from the day my son move back to live with me.

OK.

3. We have no joint debts, property, or otherwise, and pretty much agree on when our son flies back and forth (sometimes I want him out of my hair!), but I just think the alimony thing is ridiculous.

OK, again.

Any and all advice is much appreciated, and yes I will see a local attorney if needed.

It would probably be better to see a Florida attorney.

 

[Ohiogal]

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

Hello,
I live in Atlanta, GA - wife lives in south Florida. Separated for 3 years this July, and I've just been served a divorce summons by her, which we both agreed needed to happen. I would like to answer to the summons myself, using online forms (found on the Florida courts website) for this initial step.
I agree with everything in the summons, except for one thing - she is asking for alimony. That was unexpected. She has been working in Florida for almost 3 years (this July), owns her own home down there, and has a BA in computer field as well as years of training in web development.
We have a 15 year old son who lives with me, and wife has not paid an ounce of child support since he moved to Atlanta in July 2012
I'm guessing she put the alimony request in the summons to try and 'cover' any child support she will have to send me, if in fact the court grants her the alimony. It angers me that she doesn't want to help financially with her own son.

1. Do I use the 'answer to divorce summons' forms from Florida, or I can use forms from Georgia, or does it matter?
2. I plan on disagreeing with the alimony/life insurance policy in her name to cover it, and plan on asking for back child support from the day my son move back to live with me.
3. We have no joint debts, property, or otherwise, and pretty much agree on when our son flies back and forth (sometimes I want him out of my hair!), but I just think the alimony thing is ridiculous.
I'm on day 5 of the 20 days to respond.

Any and all advice is much appreciated, and yes I will see a local attorney if needed. I thank you all!

When did you live in Florida? Did you get married in Florida? Are there any custody orders? Why would you consent to Florida having jurisdiction?

 

[tranquility]

When did you live in Florida? Did you get married in Florida? Are there any custody orders? Why would you consent to Florida having jurisdiction?

Much better answer than mine. Google Ex parte divorce.

Info edit:
Have you ever lived in Florida?

Info edit, edit:
See also:
http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/278d6ec2c7d1f80d85256c83007ca387!OpenDocument&Highlight=0,*

 

[LarsWB]

When did you live in Florida? Did you get married in Florida? Are there any custody orders? Why would you consent to Florida having jurisdiction?

We were married in Nashville, never lived in Florida during our marriage. She ran off in June 2010 with an old flame from high school (she graduated high school down there) after attending a high school reunion.

No, no custody orders. We've been civil about our son just flying back and forth for visits.

She beat me to it, filing for divorce. We both want it over and done, however, she has tossed in alimony in an attempt to 'cover' what she will be paying for child support.


Hope this answers your questions, and thank you.

 

[LarsWB]

Much better answer than mine. Google Ex parte divorce.

Info edit:
Have you ever lived in Florida?

Info edit, edit:
See also:
http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/278d6ec2c7d1f80d85256c83007ca387!OpenDocument&Highlight=0,*

No, not as a couple or during our marriage. She graduated high school there, has lots of family there also.
Thank you for your help, and the link, I appreciate it.

 

[LarsWB]

an update: After speaking with a couple of Florida attorneys, I filed a 'motion to dismiss for lack of personal jurisdiction'....I have no ties to Florida - never lived or worked there, we were not married there, and my son has lived with me in Atlanta longer than 6 months.

So what happens next? Will I be notified by the court if the motion is approved/denied?
At what point will I be able to file for divorce from here in Atlanta?
What is my next step, if any, or do I wait?

I appreciate any and all advice. Thank you.

 

[TheGeekess]

an update: After speaking with a couple of Florida attorneys, I filed a 'motion to dismiss for lack of personal jurisdiction'....I have no ties to Florida - never lived or worked there, we were not married there, and my son has lived with me in Atlanta longer than 6 months.

So what happens next? Will I be notified by the court if the motion is approved/denied?
At what point will I be able to file for divorce from here in Atlanta?
What is my next step, if any, or do I wait?

I appreciate any and all advice. Thank you.

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

http://tinyurl.com/2ue6rdk


Child Support guidelines/calculators here: http://tinyurl.com/2fan2sw

 

[Ohiogal]

an update: After speaking with a couple of Florida attorneys, I filed a 'motion to dismiss for lack of personal jurisdiction'....I have no ties to Florida - never lived or worked there, we were not married there, and my son has lived with me in Atlanta longer than 6 months.

So what happens next? Will I be notified by the court if the motion is approved/denied?
At what point will I be able to file for divorce from here in Atlanta?
What is my next step, if any, or do I wait?

I appreciate any and all advice. Thank you.

the court will notify you if the motion is approved. If it is approved, then you need to file in GA using the self help resources.

 

[latigo]

an update: After speaking with a couple of Florida attorneys, I filed a 'motion to dismiss for lack of personal jurisdiction'....I have no ties to Florida - never lived or worked there, we were not married there, and my son has lived with me in Atlanta longer than 6 months.

So what happens next? Will I be notified by the court if the motion is approved/denied?
At what point will I be able to file for divorce from here in Atlanta?
What is my next step, if any, or do I wait?

I appreciate any and all advice. Thank you.

Thankfully you consulted with your attorney before filing a general appearance in the Florida divorce action.

As you now realize that would have given the Florida court in "personam jurisdiction" enabling it to grant an enforceable order awarding alimony. An order that would be entitled to “full faith and credit” in all states.

There are limited circumstances defined by statutes (called "Long Arm Statutes" ) whereby a state court IS given "extraterritorial personal jurisdiction" over non-residents, but not in this instance.

Consequently, since you were not served with process within the borders of Florida . . .

And no order issued out of Florida saddling you with alimony payments would be enforceable, I would not have had you make even a “special appearance” in the Florida court!

Hopefully what you did file is indeed a special appearance limited to challenge the question of personal jurisdiction. A challenging that, in my opinion, would be much more convenient and less costly to raise in a Georgia court.

But then I don’t pocket a healthy fee for telling you that.

 

[LarsWB]

Thankfully you consulted with your attorney before filing a general appearance in the Florida divorce action.

As you now realize that would have given the Florida court in "personam jurisdiction" enabling it to grant an enforceable order awarding alimony. An order that would be entitled to “full faith and credit” in all states.

There are limited circumstances defined by statutes (called "Long Arm Statutes" ) whereby a state court IS given "extraterritorial personal jurisdiction" over non-residents, but not in this instance.

Consequently, since you were not served with process within the borders of Florida . . .

And no order issued out of Florida saddling you with alimony payments would be enforceable, I would not have had you make even a “special appearance” in the Florida court!

Hopefully what you did file is indeed a special appearance limited to challenge the question of personal jurisdiction. A challenging that, in my opinion, would be much more convenient and less costly to raise in a Georgia court.

But then I don’t pocket a healthy fee for telling you that.

I thank you and the others that have replied, I appreciate your time and advice. Good day to you all.

 

[LarsWB]

an update and question

As of now, I still have not received an answer from the court about my request for dismissal of her divorce summons due to lack of personal jurisdiction.

I checked the Broward County FL (where she resides) public records website, and it shows that the court has received my request, and shows the divorce case as 'pending'.

While waiting for something to happen, I went to Fulton County GA (where I reside, where my son resides) child support services, and filed a claim against her, since she still is not paying child support.
GA petitioned FL to make her pay, and the petition was denied due to the fact that the divorce is shown as pending.
So here I sit, taking care of my teenage son, while she feels she isn't required to assist me. Frustrating.

My question:
Could I file for divorce, here in Atlanta, against her, with the Florida divorce still pending? Is that legal, or will my divorce petition be tossed out like the request for child support?
I would rather not respond to her divorce summons, as it would give FL jurisdiction over me and she could drag me down there to court if she wanted.

Any advice is of course, appreciated as always. I thank you all very much.

 

[Just Blue]

As of now, I still have not received an answer from the court about my request for dismissal of her divorce summons due to lack of personal jurisdiction.

I checked the Broward County FL (where she resides) public records website, and it shows that the court has received my request, and shows the divorce case as 'pending'.

While waiting for something to happen, I went to Fulton County GA (where I reside, where my son resides) child support services, and filed a claim against her, since she still is not paying child support.
GA petitioned FL to make her pay, and the petition was denied due to the fact that the divorce is shown as pending.
So here I sit, taking care of my teenage son, while she feels she isn't required to assist me. Frustrating.

My question:
Could I file for divorce, here in Atlanta, against her, with the Florida divorce still pending? Is that legal, or will my divorce petition be tossed out like the request for child support?
I would rather not respond to her divorce summons, as it would give FL jurisdiction over me and she could drag me down there to court if she wanted.

Any advice is of course, appreciated as always. I thank you all very much.

Question regarding your 1 post.

Were you paying child support for the nearly 2 years Mom had child?

 

[LarsWB]

Question regarding your 1 post.

Were you paying child support for the nearly 2 years Mom had child?

I might have my dates incorrect in one of my posts, but she only had him 1 year. From end of 8th grade to end of 9th grade.

Yes; I paid child support, on my own, and have bank printouts of the cashed checks.

 

[tranquility]

As of now, I still have not received an answer from the court about my request for dismissal of her divorce summons due to lack of personal jurisdiction.

Did you or your attorney make the "request"? I ask because such a "request" if not carefully done could result in your consent to personal jurisdiction in the court.