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Uncontested turned into Contested Divorce....What do I do?

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DJ Bungi

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

Georgia

Question:

We made an agreement, my wife filed as a plaintiff (including agreement), then filed a dismissal. I filed again (uncontested divorce) and asked the judge to incorporate the agreement from the first filing. My wife hired an attorney and now the divorce is contested. What do I do? Do I need to file any other document stating that now our divorce is contested? If so, what is the name of the document that I need to file?
 


Banned_Princess

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

Georgia

Question:

We made an agreement, my wife filed as a plaintiff (including agreement), then filed a dismissal. I filed again (uncontested divorce) and asked the judge to incorporate the agreement from the first filing. My wife hired an attorney and now the divorce is contested. What do I do? Do I need to file any other document stating that now our divorce is contested? If so, what is the name of the document that I need to file?
what kind of property is being disputed by your wife and her lawyer?

can you get your own lawyer? do you just want to give her what she wants? how long have you been married? children?

short question, what exactly is being contested.
 

LdiJ

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

Georgia

Question:

We made an agreement, my wife filed as a plaintiff (including agreement), then filed a dismissal. I filed again (uncontested divorce) and asked the judge to incorporate the agreement from the first filing. My wife hired an attorney and now the divorce is contested. What do I do? Do I need to file any other document stating that now our divorce is contested? If so, what is the name of the document that I need to file?
Of course the divorce became contested. Your wife would not have dismissed her petition if she was in agreement with you, and you refiling and trying to use the same agreement virtually automatically made it contested.

You need to respond to whatever she has filed. If you cannot figure out how or what you should do, you most likely need your own attorney.
 

Ohiogal

Queen Bee
Your letter matters not. Did you send a copy to opposing counsel? If not then you committed an exparte communication which is unethical and illegal.
 

DJ Bungi

Junior Member
Your letter matters not. Did you send a copy to opposing counsel? If not then you committed an exparte communication which is unethical and illegal.
I did not but this is what I received from the judge.

Dear Sir,

This office is in receipt of your correspondence regarding the above case.

Under the Georgia Code of Judicial Conduct, the Judge is not permitted to receive written information from a party unless all other parties receive a copy of the document. Please do not send any further documents to the Judge unless you file them with the Clerk of Court and send a copy to all other parties or attorneys. The Judge will not review this correspondence until your hearing.

Pursuant to the Code of Judicial Conduct and other legal authority, a copy of this letter and the correspondence is being forwarded to all other parties.

Please consult your attorney with questions.


So if his office sent a copy to my wife (which she received), am I okay or do I have to file another copy through the Clerk of Court?
 

tuffbrk

Senior Member
Google self help for your state but unless you file it, with the corresponding proof of service, you will not get on the court's calendar.
 

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