How can I get a divorce if my spouse lives in another counrty?

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How can I get a divorce if my spouse lives in another counrty?

We have been separated almost a year and she lives in a different country. How can I file for divorce?

Asked on October 10, 2016 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file for an uncontested divorce provided that you serve your spouse with the divorce papers in a way which complies with both state law and the applicable law of the country in which she now lives. For example, you can have her served at her current residence or, if you don't know her location, you can serve her via a notice in a newspaer (i.e. "service by publication"). She will also need to go to an apostile or notary at the nearest US Embassy or Consulate to sign the divorce papers before filing. If your wife intends to contest the divorce, then in some states things get more complicated. In addition to serving the divorce papers on her, she may also need to gain lawful entry into the U.S. unless she can manage to obtain a waiver of appearance.  Bottom line, if you cannot get your wife to agree to an uncontested divorce then you may face some difficulties in getting the divorce completed. At this point, you are advised to consult directly with a local dicvorce attorney who can best explain the procedure in your state.


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