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View Full Version : Agreed to uncontested divorce wife did not disclose she had our child while separated


wordy1
Jan 28, 2011, 08:47 PM
My brother's wife divorced him 2006 in GA uncontested, she didn't tell him she had been pregnant when they separated and had a child when she filed for divorce. Is this divorce legal since she did not disclose they had a child in the divorce papers. He would not have signed uncontested if he knew they had a child

Aprilshowers44
Feb 15, 2011, 04:57 PM
The divorce is legal. Not only did the courts not know she was pregnant but neither did he until after the fact. Uncontested just means they settles things between the 2 of them but the divorce is final. Unfortunately lying is not something that will revoke a divorce, especially a divorce that happened 5 years ago.

Fr_Chuck
Feb 15, 2011, 05:00 PM
She had to have lied to get the divorce, since while pregnant in GA you may not get a divorce normally but have to wait till the child is born.

Now it should not really effect the divorce, but now they need to really look at child custody and child visit.

So has he filed for child custody at this point.

wordy1
Feb 15, 2011, 06:21 PM
Thank you for your response, no he has not filed but plans to.

Fr_Chuck
Feb 15, 2011, 08:22 PM
The fact that she lied about being pregnant needs to be bought out, if needed in court.

I see where in GA one could contest the divorce, but to be honest the divorce would still be granted and I don't see a reason to go back to spend 1000's to get divorced again.

The main push needs to be on child custody, on child support, GA merely has a set system, based on the number of days each parent has custody of the child and the income of both parents.