Legal Question in Family Law in Georgia

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.

Asked on 7/24/13, 2:02 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you're both in India, you cannot file in Georgia.

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Answered on 7/24/13, 2:08 pm
Robert Gardner Hicks, Massey & Gardner, LLP

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.

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Answered on 7/24/13, 2:18 pm

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