Divorce by Publication

Question Details:

I married and had 3 children in GA. My ex-wife left with 3 children and obtained a Divorce by Publication in TN. She got custody and support. I have never lived in TN and just found out 4 years later after a breakdown in communication the content of the divorce (above). I supported them for years without proof. She moved back to GA. Now she will not allow me to see my children at all. Firstly, am I liable for the amounts the paper states? Also, is the divorce legal because she always knew I never lived in TN and I visited every weekend while they were there. I want joint legal and physical custody.  What are my rights?

Asked 11/10/2009 under Divorce, Marriage, Alimony | 604 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

In a case like this, it's not likely that a court would un-divorce you, and I'm guessing that you don't want to find yourself married to her "still"/again.  However, if you can prove what you've written here, it's possible that you can get the rest of the decree (money, etc.) thrown out as having been obtained by a fraud on the court, because service by publication is ordinarily allowed only after the plaintiff files a sworn statement of "diligent inquiry," that they have made a real effort to find the defendant but couldn't.  You'll need a lawyer in Tennessee for that.  One placed to look for attorneys in other states is our website, http://attorneypages.com

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