What to do if my wife and I are seperated and she says that she has signed divorce papers but I have yet to receive them?

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What to do if my wife and I are seperated and she says that she has signed divorce papers but I have yet to receive them?

She has possession of a vehicle that is in my name and I pay for. I also pay for the insurance on the vehicle. She is also seeing another man. She has stated that because she has 2 children (not my children they are from a previous marriage) and has to get them to and from school and herself to work that any judge will grant her the car. I have given her over a month to find herself another vehicle, but she doesn’t have the credit or money to get one. Do I have a legal right to go get the vehicle that is in my name and that I pay for?

Asked on December 8, 2012 under Family Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to get copies of the papers she says she has signed and find out where the divorce is actually pending.  If she won't give them to you, contact the clerk of the court in her jurisdiction to see if she has filed and go get copies of any documents from the clerk. 

From there, you need to get involved in the divorce if one actually is pending.  If she has "just been working on filing," but has not yet filed, then you need to go ahead and file for divorce and get things moving.  You can request temporary orders which will make this process more bearable... like that she be required to make the car payment or return the vehicle.  There is really no benefit to waiting on her to get the divorce going:  she has the other guy and has you footing the bills.  It will take a bit more for you to file the case, but it will save you a great deal of headache and funds to hire your own family law attorney.  They can help you cut off her gravy train and give you some relief.


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