Hello,
Me and my spouse were married in NYC in 1999. I left with my children and relocated to Atlanta in 2006. I have a temporary child support order. My spouse still resides in NYC and was served divorce papers in November 2008 after we agreed to each term. He refuses to sign them after I have called several times. He will not file in NYC either. Can I file a default judgement in Atlanta if he refuses to sign? Also, how will the court handle the child support amount?

Thank you.

Welcome to AMHD. You have a temporary child support order from what court (county and state)?

The temporary order was established in the Bronx, NY in 2006, family court. It is directly deposited into my account weekly.
Thanks.

What county and state are the papers from that your husband was served in November, 2008? You say he was served; did he acknowledge service? Or, was he served by a process server or a deputy?

Hi George_1950,

Sorry I have not responded, I did not have access to a computer.

He was served by mail. I had the agreement drawn up in Fulton County, Georgia. I believe that the papers were mailed to him. He only acknowledged that he had the papers when I called him. I do not believe that he was served by a process server or deputy. I was thinking of reserving him but making sure that he signs for the papers. My attorney does not seem to be helping me now that he will not sign. She has not given me any options.

You have said that you have a child support order. I am confused: do you you have one or two cases against your husband? (Or maybe more?) Thanks.

Hi George_1950,

In 2006 before leaving NYC, I went to court to have a temporary child support order enforced. To this day, I still receive the funds directly into my bank acct. I filed for a divorce in the state of GA in Nov. of 2008 in Fulton County. The papers were mailed to him in November 2008. I have spoken to him at least 5 different times about why he has not signed and mailed the papers back. Prior to getting the agreement processed, my husband and I agreed on all terms, including changing jurisdiction to GA from NYC. He has now went back on his word and says that if the judge wants him to come to GA for any reason, he will not do it, therefore, he will not sign the papers. I asked him to file in NYC, but he said that he does not have the money. I wanted to know if I can file a default judgement in Fulton county against him due the fact that he will not sign the papers? My lawyer may be a little inexperienced because she is not giving me any options other than to hire a lawyer in NYC and file for a contested divorce, which I totally can not afford, do not have time to take off work and do not have anyone to watch my children if I need to go to NYC.

I would appreciate your expertise on this matter if possible. Please let me know if you need any other information.

Take care,
Pamela

Check this site: Georgia Divorce Laws | Georgia Divorce Online
Since your husband is a non-resident of Georgia, you should continue with a lawyer so that you can get a valid divorce decree, which is better than having an invalid decree that could be set aside 5 to 10 years later.

Hi George_1950,
I have an appointment to see her on Thursday. I will continue to work with her to see what can be done.

Thanks so much.

Several issues arise in a divorce: the marriage relationship, alimony, division of property and payment of debts, child custody, visitation, and support. It is my belief that, if your husband is personally served and elects not to participate by filing an answer or entering into an agreement, the only relief you can get is the divorce, and possibly custody. The other issues may be outside the jurisdiction of the Fulton County court.

Hi my name is sara and I am trying to get divorced I have served him with the papers but he refuses to sign we have no kids and I don't want anything out of the marriage just to be divorced what do I do?

He doesn't have to sign. If you have had him served, once the state mandated period of response has passed, you go to court and request a default.