International Divorce: Is It Possible?

person holding divorce certificate
Jul 18, 2022 | Sara Khaki

Getting a divorce can be an arduous process on its own, but what does it look like when one of the spouses lives overseas? With American and international law being so complex – especially when combined – there are many things to consider when getting an international divorce. Questions like where you would file and how you get the paperwork served could leave you feeling overwhelmed and confused.

However, rest assured that international divorce is possible. While the process might never be considered easy, having the guidance of a skilled family attorney from the Atlanta Divorce Law Group could at least ease some of your legal worries. Call our office today for more specific information.

When the Filing Spouse Lives in the United States

The first thing you should do when filing for a dissolution of marriage from a spouse overseas is to contact an experienced divorce attorney so they may walk you through the process. This helps not only to preserve your legal rights and assets but to ensure the protocols that are unique to international divorce are met.

Filing a Petition for Divorce

You will need to file a petition for divorce at your local court and ensure you meet all state and local residency requirements. You will also need a copy of the divorce petition, and a summons personally delivered to your spouse unless your spouse agrees to waive the process requirements. Agreeing to waive the process is the easier route if you are in separate countries. Your spouse would simply sign an affidavit declaring they have been served, and you could proceed with the following phase of divorce.

However, if your spouse insists on being served in person or tries to avoid acknowledging service, the process will be more complicated. You might have to comply with the summons laws for the foreign country where your spouse lives.

Determining Local Authority

Next, Georgia courts must decide if they have the authority to make orders over your spouse. This will depend on your spouse’s contact with the state. Other contributing factors might include whether or not you plan to seek custody of your children or division of property. Your family attorney will need to carefully analyze the facts of your case and the laws regarding your spouse’s country of residence.

Enlist the Help of a Knowledgeable Divorce Attorney

There are many elements to consider when filing for a divorce. If you and your spouse live in different countries, this can make an already complex situation even more stressful. You do not have to figure it all out on your own. International divorces are possible and could be made much easier to understand with the guidance of a seasoned attorney from the Atlanta Divorce Law Group. Our firm of dedicated and skilled team members is here to answer your questions. Call us today for the help you deserve.

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