I am an citizen and my husband is an Indian. We married in Atlanta, Georgia court and he was deported to India with life long ban from entering US. I am in India now but not with him. Can we file in India by mutual consent? Will that divorce be authenticated in US? I will be back to US soon and want to file from there. I don't know where he is living now. Can I do it alone from US, if I can not trace him? How long and how much does it cost to get the final decree?
2 Answers from Attorneys
Once you've lived in Georgia six months you can get a lawyer and file here.
As Mr. Ashman answered, you have to move back here and live for 6 months before you are able to file a divorce in Georgia. That is the best way to have the divorce recognized in the U.S. However, the Georgia court will only have the power to grant you a divorce. Without having him served personally and either waiving or agreeing to jurisdiction in Georgia, the court here will have no jurisdiction regarding the disposition of property out of the country, child custody, and child support. The cost will depend on the county you live in when you file, and whether or not you are attempting to resolve issues over property here. When you come back, go ahead and be looking for an attorney in the county where you are going to be living. They can give you a good estimate of the cost, and will probably allow you to make payments during the months prior to filing.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.