Which county do I file in a motion for contempt in against my ex-wife?

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Which county do I file in a motion for contempt in against my ex-wife?

I live in Gwinnett County, my ex lives in Fulton, and we divorced in Barrow. I’m trying to file a motion for contempt since my ex is not willing cooperate and pay our joint tax debt. Which county to I file in? Do I need a divorce lawyer?

Asked on April 14, 2011 under Family Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your divorce was filed in Barrow, you would want to continue filing documents in the case in Barrow.

Instead of filing a motion for contempt, you would want to file an OSC (Order to Show Cause) in which the court will set a date for a hearing at which you could present evidence that your ex-wife is not paying her share of the joint tax debt.  When you file the OSC, include a declaration under penalty of perjury that your ex-wife is not paying her share of the joint tax debt along with any other documents you have providing evidence.  File your documents with a proof of service.  The proof of service confirms the date of mailing of the documents to your ex-wife.  You can either use a court form proof of service or you can write your own.  If you write your own, it would just say that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to ________ (name and address of your ex-wife) on __________ (date).  You sign under penalty of perjury and date it.  The date you sign should be the same date as stated in the proof of service for mailing and the same date you file it with the court. 

Although it would be advisable to retain a divorce attorney, you can represent yourself if that is your choice.

 


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