Legal Question in Civil Rights Law in Georgia

I was deployed to Iraq in July 2009, in October 2009 my mother received a letter in the mail. That letter was divorce papers that my ex obtained by way of publication. In her petition she stated that I am retired military, clearly im not, and that they didn't know of my whereabouts. After our motion to set aside hearing, the courts found that she did not conduct due diligent search and set the case aside. I wasn't able to see my children for over a year because of the courts lack of diligence to due process. What I want to know is, seeing as how the judge that presided in the case admitted in court that he doesn't know how his judge was able to come into a default judgement against me, but he wasn't supposed to and especially with alimony attached to the judgement. Is there anything I can do to file a lawsuit against the courts or the state in this case?


Asked on 8/08/11, 7:49 pm

1 Answer from Attorneys
Rachel Hunter

Don't do this. Its a waste of time and will not accomplish anything.

Courts are like referees in a ball game. They are there to make sure both sides play by the rules. If your wife lied to the court, the court does not check up on her. If you want to go after anyone, go after your wife.

Of course, if you do that, you are going to create even more animosity towards you and you are going to set yourself up for a never-ending battle over the children and the division of your property and its going to cost you a lot of money to boot.

I know that what she did was not right and the judge dropped the ball, but suing is not going to fix that. So move on and focus on the real battles to come.

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Answered on 8/08/11, 9:53 pm


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