A large number of individuals in the state of Georgia are unfamiliar with the terms of an “ex parte” divorce. The phrase “ex parte” refers to a legal proceeding that takes place on behalf of just one of the formerly married individuals. Despite the lack of participation by one spouse in the ex parte divorce, the divorce will be valid in every state as long as the individual in court follows certain procedures. In many cases, individuals are eager to separate from a spouse and are willing to take the necessary steps to end a marriage and begin a new life. Fortunately, a spouse who moves or actively tries to dodge a divorce complaint cannot prevent an individual from obtaining a divorce. In order to fully take advantage of an ex parte divorce, however, individuals in the state of Georgia frequently find it essential to retain the services of an experienced divorce attorney.
The Ex Parte Process
A court in the state of Georgia can hear a divorce as long as one of the spouses resides in the area of Georgia that the court is located. To obtain a valid ex parte divorce decree, an individual must provide the spouse who resides in another state with proper notice of the divorce proceedings. Assuming that a spouse receives proper notice and chooses not to participate in the divorce proceeding and meets all other procedural requirements, the judge in a court of law will grant an ex-parte divorce. An individual should also make sure to consult with an experienced divorce attorney before filing for an ex parte divorce in the state of Georgia in order to make sure that the procedure is done properly.
The Repercussion of an Ex Parte Divorce
An ex parte divorce is given the same legal recognition and protection as any other type of divorce in the state of Georgia. Courts in the United States are required to give the United States Constitution full faith and credit to divorces obtained in other states. Even if a court of law lacked the ability to make decisions about a couple’s divorce, the court can still grant the couple a divorce. Courts also frequently issue ex parte orders in these situations in order to include asset injunctions and status quo orders to preserve matters while the divorce proceeding is ongoing.
Contact a Skilled Attorney
If you have any additional questions about the ex parte process or need assistance in navigating this type of circumstance, do not hesitate to contact a skilled ex parte lawyer like those at Vayman & Teitelbaum, P.C Do not hesitate to contact our firm online or calling the firm at 678-736-7700 to schedule an initial consultation. Our legal counsel delivers the best representation to individuals who are uncertain about how to proceed with family law matters and know how to best help clients reach the most desirable results possible.