Legal Question in Family Law in Georgia

Is it legal to hold a divorce hearing in the State of Georgia when one party is in the Military and in Training? I did not have proper representation, and was hung out to dry. I was a stay at home wife for 6 years...then while I was in training i lost all rights. I beleive this was a gross misjustice but I don't know how to rectify it.


Asked on 7/02/11, 11:20 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It's legal.

And unfortunately, in waiting until after the fact to deal with it, you made a tragic and possibly unfixable mistake.

When you are in a divorce, you NEED a good lawyer. Without one, you will get the raw end of the deal.

Had you had a lawyer, (1) he would have appeared for you, and (2) even better, he likely would have been able to delay the case or arrange for you to appear telephonically.

Additionally, he could have pled the Soldiers and Sailors Relief Act, a federal statute that helps in these situations, but must be asserted.

There is one possible small out you may have. If you have not waited more than 30 days after the hearing, you may have the right to file a motion for new trial or an appeal. The catch will be that your basis to appeal is YOUR mistake, and to succeed the basis usually must be the court's error. But perhaps a good lawyer can find such an error.

Good luck.

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Answered on 7/02/11, 11:26 am


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