Can I file for divorce while working out of the country?

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Can I file for divorce while working out of the country?

Working in Afghanistan.

Asked on February 18, 2011 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Being permitted to file for divorce in a certain state requires that you meet the residency requirements not only of the state but of the county in which you choose to file.  You are not a resident of Afghanistan, correct?  You are on a temporary work assignment I assume. But Georgia's law seems to worry about those that are not really residents or residents in name only.  Here is the law:

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition. (Georgia Code - Sections: 19-5-5)

Residency gives the court jurisdiction over you, which is the power to hear and decide a matter.  If they feel they do not have it then they will eventually dismiss the case.  Check with an attorney in your state.  Good luck to you and be safe.


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