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I want to file my own divorce papers, where online can I get the free documents to do this?

Business 4 views 6 answers
It is completely uncontested, I have no recollection of his whereabouts and have not for the past 3 years.

Attorney Answers

6
John Hopkins ·
Presuming you reside in Warner Robins, that is Houston County. Many county superior courts offer these documents on their websites, but I don't know if Houston does or does not. Most of the Metro-Atlanta county superior courts have these documents available at their websites. In order to divorce him he will have to be served with process, and without an address for him or any knowledge of his whereabouts you cannot serve him in the normal fashion by personally serving him. There is a process of service by publication where you have to prove to the court that you have looked for him and how you looked for him, that he cannot be found and then obtain permission from the court in Houston to serve him by publication, which is to run an advertisement/notice in the local organ (legal newspaper for that jurisdiction), then after the ad runs for a month and then you wait another month the court can grant a final order of divorce, but the court cannot do anything about marital property, debts, child support, etc in a divorce by publication. Do you have children with him? The publication process is a bit complex, you may wish to consider retaining an attorney. How have you looked for him? Contacted his relatives? Friends? Places of employment? Facebook?
0 upvotes
Darrell Reynolds ·
Just simply by your question clearly shows that you need to retain an attorney to handle the matter. As you have been informed, you need to put force an effort to find him in order to serve him. If do not, there is a high probability that a judge will not sign an order granting you permission to get a divorce by publication.
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Glen Ashman ·
First of all, you do NOT have an uncontested divorce. An uncontested case is one where both parties sign and agree. Second, you may be able to file via publication if you can prove a dilligent search (judges are getting very strict about pro se publication cases and the steps you must take before filing), so you really should get a lawyer. Third, the divorce will not be free. Even if you don't pay a lawyer you will pay about $300 in filing and publication fees to the court and paper. Fourth, a handful of Georgia counties do have forms on their websites - I don't think yours does, but you find them for the courts in Atlanta, Decatur and Albany (check the websites for those superior courts). You can adapt those forms to your county, and be sure to attach any required local forms, such as a standing order, order for publication and notice of publication. Bear in mind that even if you get the forms done right, if your county requires pro se cases to appear in court, you will have to know what to say to get divorced. Finally, you have a problem - if you tell the court you have no recollection of his whereabouts, your request for publication may be denied. So, please get a lawyer. It won't cost much, and you'll actually get divorced.
0 upvotes
Ashley Digiulio ·
Your case is not uncontested if he has not already signed papers stating that all issues have been resolved.
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Angela Kinley ·
I agree with the other attorneys who have responded. You might want to consider retaining an attorney to assist you in filing the appropriate paperwork to handle a divorce by publication. A divorce by publication means that you are unable to locate the Defendant and that you have made a diligent search for him using any contact information you have for his family, friends, etc. It also means that you have used the internet to try to locate him. If the motion for publication is granted, you will need to publish the appropriate notice in the local legal organ, which an attorney will know how to do without a problem, but may be difficult for an individual who is not familiar with the process. If nothing else, seek a free consultation to ensure that you are headed down the right path with your case prior to filing. Filing fees are non-refundable.
0 upvotes

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