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    chrisdangabe's Avatar
    chrisdangabe Posts: 4, Reputation: 1
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    #1

    Sep 13, 2010, 09:24 AM
    Not notified of divorce hearing
    I am in Ga. Was not notified of divorce hearing don't want to stop divorce just want chance to work out child support,property settlement, visitation.
    chrisdangabe's Avatar
    chrisdangabe Posts: 4, Reputation: 1
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    #2

    Sep 13, 2010, 09:27 AM
    Recent divorce in Ga. Did not get notified about hearing, want to submit redress for child support, visitation, property settlement.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Sep 13, 2010, 09:40 AM
    Quote Originally Posted by chrisdangabe View Post
    I am in Ga. was not notified of divorce hearing don't want to stop divorce just want chance to work out child support,property settlement, visitation.
    First, don't piggyback your question onto someone else's thread. It makes it harder for us to find and answer your question. I've asked that your question be moved to its own thread.

    Second, you need to go to the courthouse and explain that you were never served with divorce papers. If a default divorce was granted, you should be able to file an appeal based on improper service. I'm not positive about Georgia but Wisconsin allows publication as service - if I want to sue someone and cannot locate them, I can publish the summons in the paper and that qualifies as service.

    Do you know the status of the divorce at this point?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 13, 2010, 09:44 AM

    Was a hearing held? Was any orders issued as a result of the hearing? Was your ex aware of how to contact you?
    chrisdangabe's Avatar
    chrisdangabe Posts: 4, Reputation: 1
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    #5

    Sep 13, 2010, 03:11 PM
    Quote Originally Posted by this8384 View Post
    First, don't piggyback your question onto someone else's thread. It makes it harder for us to find and answer your question. I've asked that your question be moved to its own thread.

    Second, you need to go to the courthouse and explain that you were never served with divorce papers. If a default divorce was granted, you should be able to file an appeal based on improper service. I'm not positive about Georgia but Wisconsin allows publication as service - if I want to sue someone and cannot locate them, I can publish the summons in the paper and that qualifies as service.

    Do you know the status of the divorce at this point?
    Thanks, divorce granted she cheated so I wanted it, however it was finalized without me knowing a hearing was coming up. Just need to know steps to address my interests for visitation, child support, and property.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Sep 13, 2010, 05:05 PM

    What does the decree say about those issues?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Sep 13, 2010, 07:25 PM

    You will need to get a copy of the current divorce, and child support and child visit agreements can be done at the same time a divorce is done, but are additions to it,

    So find out what is started in the current file

    In GA child support is based on earnings from both parents, and there is a 20 plus page form that is submitted to the court for them to use to determine what support is.
    So both you and ex will have to submit one.

    If she filed and lied about now knowing where you are located, you can merely file a motion to admend the support and the custody order

    Also in GA parents of children in divorce are required to attend a class about parenting prior to be granted custody or visits
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Sep 14, 2010, 05:27 AM

    You file a motion with the court that issued the final decree. Ask that the decree be vacated on the grounds of improper service since you received no notification of the hearing.

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