How can I divorce my wife without her involvement?

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How can I divorce my wife without her involvement?

My wife is in Aruba.To be blunt, she is having an affair. She won’t be back for 3 months; she will be flying back to her parents. She filed for divorce in their state back 4months ago and sent the papers to me. We are both still residents of another state. She has no priority or interest in attending a hearing. How can I proceed without her? I don’t want to wait for 3 more months. It is an uncontested divorce.

Asked on May 3, 2012 under Family Law, Georgia

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

You have two separate issues here.  The first thing you need to deal with is the divorce petition filed by her.  You need to respond to it, and you should hire an attorney in that state to help you fight the jurisdictional issues and get her divorce petition thrown out.  Do not ignore the first divorce petition.  Second, in most states, there is a waiting period from filing a petition for divorce and issuance of the actual divorce decree.  Usually it is six months.  And you must give your wife notice of the divorce petition, and if she does nothing in response, then you can obtain a default judgment.  Best of luck to you!


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