Can a person get divorced in the United States even if they were married in another country and their spouse does not live in the United States?

In this country there are many people living a life separate from their ex-partners but still bound by the bond of marriage simply because they believe that to get divorced they must leave for their country. So for many, due to their immigration status, this option is not possible.

Fortunately for people who are in this situation, Georgia law allows them to get divorced in this state. You can ask your county supreme court judge to grant you a divorce in this country even if your wife is not present and you were married in your country.

Atlanta Divorce Lawyer

You can even file for divorce even though you no longer know the whereabouts of your ex-partner. The basic requirement is that your marriage has been legitimate according to the laws of your country.


The law in this country offers you options and there are legal steps that must be followed in order to carry out these procedures, so it is very important to have the correct legal advice when starting your divorce.

A divorce in the state of Georgia can be done by mutual agreement or litigated.

If the parties have separated and still maintain a relatively cordial relationship, it is advisable to try to resolve the divorce by mutual agreement. This process has more advantages than doing it in a litigious manner. For example, it is an easier, faster and less painful process because you and your ex-partner can decide how you want to divide assets and assign custody of your children. Your attorney will prepare a divorce agreement for you and your spouse to sign.

This agreement will include the clauses that you and your ex-partner have negotiated. Once the agreement is signed, it is sent to the judge for review. Thirty (30) days later, the court will require the plaintiff to appear for a brief hearing and usually at that same hearing the judge signs your divorce. However, there are counties where your attorney can ask the judge to consider eliminating that hearing through a special motion.

A divorce by mutual agreement has fewer legal steps and is therefore definitely cheaper and of course less emotionally painful for both parents and children. If you are contemplating the idea of getting divorced in Atlanta and want to know what rights you have, attorney Angélica Tovar can help you. Call now at 470.207.5333.

DISCLAIMER: The information contained in this article is intended to provide general information and in no event does it represent a guarantee of approval of your legal case nor does it create an attorney-client relationship between the reader and Attorney Angélica Tovar-Hastings