Life doesn’t always go as planned. Sometimes the person you once built a life with chooses to start over somewhere else, even in another country. If you find yourself in that situation and are considering divorce, you may feel overwhelmed. Questions about jurisdiction, communication, and enforcement across borders can make the process seem intimidating.
After more than 20 years practicing family law here in Woodstock, I’ve helped many clients navigate complicated divorce matters. My goal is to break this down so you know what to expect and where to start.
Where Can You File?
Georgia courts can handle your divorce if either you or your spouse lives in the state, as long as one of you has been a Georgia resident for at least six months. If your spouse has moved abroad, the court will look at whether they still have ties here and whether the divorce papers can be properly served. In some cases, this means using international agreements such as the Hague Service Convention. In others, it may involve certified mail or court‑approved alternatives. The key is making sure the court has jurisdiction and that the process is legally sound.
Serving Papers Overseas
Serving divorce papers across borders takes planning. You can’t simply mail them without proof. Depending on the country, here are the main options:
- Hague Service Convention: If the country is part of this treaty, service is more straightforward and recognized by both governments.
- Consular or Diplomatic Channels: In countries outside the Hague Convention, you may need to go through the U.S. embassy or consulate.
- Other Methods: Sometimes a judge allows service by publication or certified mail if no better option exists.
Each approach must be documented carefully so the court recognizes the service as valid.
Dividing Property and Assets
Dividing assets can get complicated when property is located in more than one country. Georgia courts can divide property here in the state, but they may not have authority over property in another country. Even if a Georgia court awards you a share, enforcing that decision abroad may require approval by that country’s legal system. To avoid these complications, many couples negotiate practical settlements, such as dividing only U.S. assets or agreeing to liquidate property, which means selling the property and dividing the proceeds, that can be managed more easily in the U.S.
Custody and Support Across Borders
When children are involved, divorce becomes even more complex. Georgia courts focus on the child’s best interests, but if the child is living overseas, enforcement of custody or visitation orders depends on the foreign country’s cooperation. The same goes for child support. Some countries honor U.S. orders, while others require you to open a new case locally. The Hague Convention on International Child Abduction may provide a process if a child is wrongfully taken abroad, but it is designed for emergencies and only applies in certain countries.
Managing Communication and Delays
Distance often makes an already stressful situation harder. Miscommunication, delays, and international red tape can all slow the process. To manage this, it helps to:
- Work with an attorney who has experience handling international cases.
- Use several communication methods, such as email, video calls, and tracked mail, to reduce the chance of missed steps.
- Expect a longer timeline than a typical local divorce and prepare for possible delays.
Our legal team makes it a point to keep clients informed and supported throughout the process. You should never feel like you are facing this alone.
Why Settlement May Be the Best Option
Court proceedings that involve more than one country can be expensive and time‑consuming. Reaching a settlement is often the more practical solution. A settlement can:
- Save you time by avoiding international procedures.
- Give you more control over the outcome instead of leaving it entirely to the court.
- Provide flexibility if both parties are willing to cooperate, even from abroad.
If you explore settlement, be sure that any agreement is fair and enforceable. Having a lawyer review it is essential.
Taking Care of Yourself
Divorce is difficult, and the added complication of an international element can increase stress. Make sure you:
- Rely on trusted family and friends for support.
- Keep records and documents organized.
- Lean on your attorney for both legal guidance and reassurance when the process feels overwhelming.
We work closely with clients during these difficult times to give clear direction and peace of mind. You don’t have to carry the weight of this process alone.
First Steps: What You Can Do Now
If you are thinking about divorce and your spouse has moved abroad, here are some practical first steps:
- Confirm your Georgia residency so you can file here.
- Talk with an attorney about how your spouse can be served properly.
- Make a list of all marital assets, noting which are in Georgia and which are outside the country.
- Consider your needs for custody and support and whether they can realistically be enforced abroad.
- Explore the possibility of settlement before pursuing lengthy court proceedings.
- Keep records of all communications and documents.
- Take care of your emotional health throughout the process.
Throughout my years of practicing law in Woodstock and across Metro Atlanta, I’ve guided numerous clients through complex divorce cases, including those with international complexities. If you are in this situation, know that help is not just a possibility, but a certainty. Our experienced legal team is here to provide the guidance and support you need.
At Debranski & Associates, we are committed to providing representation that is accessible, personal, and professional. Your peace of mind matters, and we are here to protect it.presentation that is accessible, personal, and professional. Your peace of mind matters, and we are here to protect it.