Forsyth, GA Divorce Law Firms & Lawyers

The answer depends on where you were "domiciled" at the time she filed. Did you consider New Jersey your home? At the time of filing, did you consider Georgia your home? How long had you lived in Georgia? Assuming that you had lived in Georgia at the time she filed and you considered Georgia your home, then you MAY HAVE an argument that she must file in Georgia. You need to ask a New Jersey attorney whether there is any law in New Jersey which allows New Jersey to handle a divorce if you have moved from New jersey and do not intend for New Jersey to be your home. The answer to the military question depends on whether New Jersey law or Georgia law applies and that depends on whether she should have filed in New Jersey or Georgia. In Georgia, she could be entitled to part of your pension, but the method of payout is more favorable to you than if your pension was with a corporation.

It sounds like the judge is asking for proof of service. There are very specific methods of service for civil actions. If you have not properly served your spouse as provided by law, the court will not enter a judgment on your behalf. You should consult with an attorney for further clarification.

The complete answer will depend partly on the specific terms of the divorce decree or separation agreement and the state law of the state where the decree was entered. The likely final answer is that the deceased wife's trust is the legal owner of the property, but the husband may have a legitimate claim for some equitable relief from the trust or the decedent's probate estate. Husband should consult an attorney to evaluate the specific facts and determine what viable options are available.