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ChrissyBug · Feb 25, 2011, 10:38 PM

I am trying to get a divorce and I have already filed the paperwork. My estranged husband is currently serving 15 years in prison for Aggravated Assault against me. Would I need to have a deposition for the divorce or would I just need to set up a court date after he has been served in jail?

cdad · Feb 26, 2011, 06:38 AM

What is it that you wish to depose? The record stands as is since there was a conviction. What do you feel you need ?

Fr_Chuck · Feb 26, 2011, 07:09 AM

And if this is not contested, then he will merely sign a copy of the agreement to be filed, I will assume he is aware of all of the terms and has agreed to them?

AK lawyer · Feb 26, 2011, 09:05 AM

Some places require both parties to an uncontested divorce to actually be in court. If this is required, would taking the husband's depo. Would be an acceptable substitute for this?

Just schedule the court date and take it from there.

ChrissyBug · Feb 26, 2011, 05:58 PM

Um this is my first time getting a divorce, so I don't know really how to do this.

cdad · Feb 26, 2011, 06:08 PM

A deposition is usually used to ask direct questions under oath. The likelihood of the outcome may be to catch someone lying about something like financial records. Or to garner some other proof of somekind.

Discovery is a process whereby your trying to find things out by legal means and its usually followed with a paper trail. You can ask questions for the purpose of discovery too.

So every situation is different. That is why I asked. In a case like yours there is actually grounds for divorce. Even no fault states accept that and it can change certain parts of the outcome.

Since you have already filed your on your way to getting your divorce. Just make sure to appear in court and to make sure all documentation is followed to the letter of the law.

ChrissyBug · Mar 5, 2011, 07:56 PM

Oh okay. Makes sense. He isn't allowed anywhere near me so it would just be me showing up for court.

ChrissyBug · Mar 5, 2011, 08:02 PM

He can't be anywhere around me or else he would be denied probation after 15 years.

Fr_Chuck · Mar 5, 2011, 10:41 PM

He would be allowed to be in court to defend hisself in legal action. He can not be stopped his constitutional rights to legal system. People with restraining orders will appear in court together, normally the court will arrange separate waiting rooms for them in the court.

In GA there is no requirement for a deposition for a non contested divorce, both sides merely sign the divorce agreement, and any ( child custody and support agreements ** IF ANY) and it is filed in the court house,
Only one party ( the one that did the original filing) needs to appear, Happens every day in Fulton and Cobb County in Georgia.

AK lawyer · Mar 6, 2011, 05:55 AM

Originally Posted by ChrissyBug

Oh okay. Makes sense. He isn't allowed anywhere near me so it would just be me showing up for court.

I don't see anywhere in this thread that you have said he is willing to sign an agreement for divorce.

If he won't sign, that would make it a contested divorce which may be a bit more complex. Especially if he files an answer. Since he is in prison, he can't show up for the trial, so that might present a problem.

So you will need him to sign a form indicating that he agrees to the divorce and waives his right to be present.