My sister and her husband seperated several years ago but never filed for divorce and both moved on with their lives. The problem she faces is losing custody of their daughter. He plays the card that she had another mans baby(3 years after the seperation). So she is considering filing for divorce using dissertation as grounds. A few years ago he was under investigation for a felony crime so he took off to New York with his girlfriend. Since the crime was unfounded no further charges were persued for leaving the state. He now believes he is invenceable or untouchable, based on his ability to avoid being convicted for his crimes. She still resides in the city she married in and gave birth to their daughter. He is the one who chose to move away.
2007-11-09 11:39:31 · 8 answers · asked by ladyt51901 2 in Family & Relationships ➔ Marriage & Divorce
don't believe those would be grounds for her to lose her (their) child. she needs to find a reasonable lawyer. did the father of their child ever pay support for their daughter?
besides desertion that could also come into play.
2007-11-09 11:47:59 · answer #1 · answered by adam/penny 7 · 0⤊ 0⤋
Legally the divorce MUST be filed for and granted in the state and ONLY in the state in which the marriage was recorded. He can file for a divorce FROM KY but the paperwork must be completed IN GA. Just a side-note: if he files for the divorce, he gets to decide what the divorce will be based on and what the courts look into. All you can do is answer the charges that he brings up. It may be in your best interest to file first, then you get to decide what the court looks into. Most courts have someone that will help you with the paperwork for little to no cost. If not in your state, then check with your local neighborhood help services organization. Abandonment is very good grounds for divorce and is frowned on by the military as well.
2016-03-14 06:16:33 · answer #2 · answered by ? 4 · 0⤊ 0⤋
she needs to get an attorney - legal aid if she can't afford one - and file for the divorce where she is now. she will not lose her daughter because he fled the state and in fact should get child support from him perhaps. If she knows anything about the felony, as some wives do, she can even threaten him with that if he comes back for the divorce hearing or to try to get the daughter. Good luck to her!!
2007-11-09 12:00:24 · answer #3 · answered by Al B 7 · 0⤊ 0⤋
If they have been seperated for 18 months or longer and there is no room for them to reconcile then she doesn't face losing her daughter they both moved on she could file on the grounds of irreconcilable differences and do her.
2007-11-09 11:52:15 · answer #4 · answered by Danette 4 · 0⤊ 0⤋
when someone is gone for more than 4 days it is abandonment. he cannot get their kid unless he can prove that she is unfit. have her make sure her life is clean (no drugs, excessive alcohol in front of the kids, no live in bf) and divorce his a**. in GA you have to file for divorce in the county where you were married. you can get a divorce online for about $250 but i wouldn't advise it. get a lawyer. she should stop letting him control her life he had not lead a pristine life either
2007-11-09 11:45:13 · answer #5 · answered by mp3 4 · 0⤊ 0⤋
If he moved away, desertion would be good reason, especially if they've been separated for three years. She could also use the criminal charge for basis. He was scared, lit out and left his family. Can she get records? If she can, it proves her point. In addition, she can prove her stability.
2007-11-09 11:50:21 · answer #6 · answered by muppetkiller_2000 5 · 0⤊ 0⤋
first,a lawyer,then he will publish it in the paper,for 6wks,if there is no contest ,she will be given divorce papers from the judge,it should read ,dissertation
2007-11-09 11:46:44 · answer #7 · answered by THE"IS" 6 · 0⤊ 0⤋
tell your sister to get herself a lawyer!!! the lawyer knows what to do, ok! How many kids do she have and on what grounds that he can get custody of their daughter?
2007-11-09 12:10:17 · answer #8 · answered by Thomas 6 · 0⤊ 0⤋