Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 4 weeks ago

Help locating Motion to Set Aside Divorce in Georgia ?

Ex wife/wife filed for a divorce using our old address. We both currently live out of state. When I heard that she filed (from current tenant) I notified the court that they don’t have jurisdiction over the said matter. Court stated because I come to the county to visit my daughter once a month  that I am a resident. Ex wife/wife flew in town to appear in court for the divorce, I couldn’t because of work. There was a judgement on the pleadings and the judge granted divorce. I was told that I could vacate the ruling for lack of jurisdiction. I was in town yesterday visiting my daughter. I stopped by the courthouse to get a blank motion to set aside and the clerk told me that she didn’t have one. She said I’ll have to print in online. I’ve been searching high and low for that form. Can someone please assist?

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  • Anonymous
    4 weeks ago
    Favorite Answer

    Courts don’t provide “fill in the blank” forms. I am rather startled that you didn’t appear, didn’t adjourn, just plain didn’t show up.

    Who “told you” that you could vacate the ruling for lack of jurisdiction? Court Clerks CANNOT give legal advice. Are you sure the Clerk didn’t tell you to ATTEMPT to set the ruling aside?

    This is as good as I’ve seen, but I’m not going to write the Motion for you. You ARE aware that your now ex-wife could ask for legal fees, travel expenses, other expenses, based on your failure to appear and attempt to set aside the Judgment of Divorce, right?

    https://lawshelf.com/videos/entry/drafting-a-motio...

  • Hire a lawyer, moron.  If you would have had legal representation, they could have shown up in court and got a continuance until  you could be present.  You are being an idiot and boxing yourself into a corner.

    • It doesn't matter.  You STILL have to hire an attorney to deal with that. If you were aware of the court date and choose to do nothing, then you are an idiot.  Not showing up/doing nothing is literally the worst possible thing to do. 

  • 4 weeks ago

    They have to provide that or someone does.  It is a legal issue.

    • Judith
      Lv 5
      4 weeks agoReport

      I would stay far, far away from questions involving law.  You have been wrong each and every time.  Of course, you also say you have both a bf and a husband, so who knows what your background is.

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