Suwanee Out of State Divorce Lawyer
State law governs divorces. If you want a divorce but your spouse lives in a different state, you can still get divorced in Georgia in many cases.
Divorces can be more complex when both spouses are not local, but the process is definitely manageable when you have a skilled divorce attorney. Contact a Suwanee out of state divorce lawyer from our firm to work with a legal team with extensive family law experience.
One Spouse Must Meet the Residency Requirements
A Georgia family court can grant a couple a divorce if it has jurisdiction over the couple. According to the Official Code of Georgia § 19-5-2, a court has jurisdiction if one of the spouses has lived in the state for at least six months immediately prior to the divorce filing. If the spouse filing for divorce resides here, they must file in the Superior Court of the county where they live. If the out-of-state spouse wants to file here, they must file in the Superior Court of the county where their spouse lives.
The spouse who initiates the legal proceedings must serve the other spouse with the official court papers, meaning that someone not involved in the case must deliver the papers to the other spouse. An out of state divorce lawyer in Suwanee can arrange service of process. When the spouses are in communication, they can agree to waive process, and the papers can be delivered to the other spouse informally.
When the couple shares children, the place where the children live is the most appropriate venue for their divorce. Family courts cannot make custody decisions over children who live outside the jurisdiction, although they can enforce custody orders from other jurisdictions.
Couples Can Limit Court Hearings With a Negotiated Settlement
Divorces are simplest when the couple can work together to reach agreements on all the issues they must resolve before their divorce becomes final. All couples must divide their marital property and decide whether one of the spouses will receive alimony. The couple must also develop a detailed parenting plan if they have minor children.
Negotiations can be conducted through a mediator, a neutral third party who can help the spouses engage in productive discussions to build consensus. Depending on the complexity of the issues, a couple might require only one mediation session or several scheduled over a few weeks or months. Many mediators have the capacity to conduct sessions via a secure videoconference platform, so neither party needs to travel.
When mediation is unsuccessful or not a viable option, a Suwanee out-of-state divorce attorney can negotiate directly with the other spouse’s attorney. Time spent trying to negotiate an agreement is well spent, as a negotiated divorce saves money, stress, and time and allows the couple to retain control over the outcome.
Enforcing Georgia Court Orders on an Out of State Spouse
The law recognizes that people are mobile, and many divorced couples end up residing in different states. Georgia has adopted several laws that help couples enforce orders issued in a divorce against a spouse in another state.
For example, all states have adopted the Uniform Interstate Family Support Act. It makes child support orders in one state enforceable anywhere in the United States. Similarly, the Uniform Child Custody Jurisdiction and Enforcement Act allows parents to enforce child support orders across the U.S.
Enforcing an order against an out-of-state parent can be procedurally complicated. For help, turn to one of the seasoned Suwanee attorneys at our firm.
Rely on Our Suwanee Family Attorneys to Help an Out of State Divorce Go Smoothly
Divorce can be more complex when you and your spouse live in different states than when both are local. However, the complications are easily managed when you work with a skilled family law team.
Our Suwanee out of state divorce lawyers can review your goals and advise you on the proper place to file your divorce. They can help you through every aspect of the process. Get started today.
