mutual consent divorce
Myself and my wife we are agreed for a mutual consent..We got married in October 5, 2010 at Georgia county court. This marriage was not as per Hindu Marriage Act.
My wife is a US Citizen and I'm an Indian Citizen. Currently, we both are in India. I'm in Hyderabad,India and my wife is in Kolkata,India and has been separated for 2 months. We don't have any child.
We know that as per Hindu marriage Act, Mutual Divorce Consent is 6 months waiting period and 2 times we have to go to the court. But in US Mutual Divorce Consent we have to go to the court only 1 times.
Please advise us any faster processing of Mutual Divorce Consent can be done in 1 or 3 months.
2 Answers from Attorneys
If you're both in India, you cannot file in Georgia.
You say that you are both in India, and the person who is listed as the plaintiff in the divorce case would have to be a resident of the State of Georgia for 6 months prior to being able to file here. If one of you is still a legal resident of Georgia, he or she could file the case in the county of his or her residence. If all of the paperwork is in order and signed by both parties, a Judge can sign off on it after 30 days. However, Judges in most circuits will require that the plaintiff appear to present a prima facia case for the divorce during a monthly civil uncontested calendar, which may cause the case to last for 2 or more months. Other circuits will allow the plaintiff to sign an affidavit setting forth the prima facia case so that the Judge can sign an order on the 31st day. If one of you are a resident of Georgia, contact a divorce attorney in the county of his or her residence to see what the procedure is there.
Related Questions & Answers
In a name change, does a parent need be named as respondent if they have waived... Asked 7/23/13, 12:03 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption
This is in regards to child abandonment laws in GA. My fiance has a 2 year old son... Asked 7/23/13, 1:28 am in United States Georgia Family Law, Divorce, Child Custody and Adoption
My wife filed for divorce. She hasn't worked for the last five years, and just... Asked 7/19/13, 7:38 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption
How can I get Grandparents right? My Grandkids lives in Columbus,Ga.with the... Asked 7/19/13, 12:48 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption
My son just found out he is the father of a 2 year old little boy. He went to court... Asked 7/18/13, 12:54 pm in United States Georgia Family Law, Divorce, Child Custody and Adoption