Moultrie, GA Divorce Law Firms & Lawyers

You do not need your husband to sign anything; all that is necessary is to personally serve him notice of the proceedings. If, after making a diligent effort to locate him, you cannot have him personally served the papers that provide him notice, the judge can authorize service by publication. That will permit the court to dissolve the marriage and decide issues concerning your son, but it may not have authority to establish a child support order.

You should hire a competent family lawyer, like me, if you have not already done so. Your question is difficult because the other facts and circumstances of you case may determine what portion of the equity in the vacation home, if any, the court will award to you and/or your wife. When you refer to half the funds used for the purchase, I assume that you mean 50% of the down payment on the vacation home and not 50% of the equity of the vacation home. It may be possible to argue that you should receive the entire down payment, and that any equity above the down payment amount should be divided. This argument may be subject to several counter arguments. For example, you indicate that you refinanced your primary home to make the down payment on the vacation home. Has your wife contributed to the mortgage payments, utilities, maintenance, upkeep, etc of the primary residence? If so, it may be argued that she has contributed to payment of the loan used to obtain the down payment on the vacation home. There may be other arguments for and against an award of a percentage of the down payment amount. My suggestion is that you attempt to negotiate a global settlement considering all of your assets.