Do I need my wifes signature on the divorce settlement? 2 Answers as of August 18, 2011I have applied for divorce petition in Dekalb County, GA. I got my wife served by sheriff's office in Canada. She has not responded to the summons in the 30 day limit. I have requested for a court date. What will happen now on the court date? Will the judge issue me the divorce or do I have to get my wife's signature on settlement agreement? I was separated for 2 years and there are no children and no property. Thanks.
Ashman Law Office | Glen Edward Ashman
An agreement is not even admissable without two signatures. So it's useless. Serving someone starts a contested divorce. What happens at your hearing depends on whether you filed the correct papers and say the right things at a hearing. It is wise that you talk to a lawyer and see what you may have missed to be safe. One issue: the sheriff's service in Canada may be invalid. International service requires compliance with the Hague Convention. Your service there had to be via the Canadian Federal Central Authority or its appropriate branches (provincial or territorial). Bear in mind that Canada is an officially bilingual nation; some provinces and territories have different requirements for translations. While in most instances documents served in English will suffice, the central authorities for the Province of New Brunswick and the Yukon Territory, for example, reserve the right to require translation of documents into English or French, depending on which is understood by the addressee. The central authority for the Province of Quebec requires translation in all instances where the intended recipient does not understand the language in which the document is written. You can consult the relevant central authority for specific information.
Answer Applies to: Georgia