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Cross-Border Divorce

Can two foreigners divorce in Georgia?

Yes, if at least one of them holds a valid residence permit or has their habitual residence in Georgia. Georgian courts can establish jurisdiction based on residency.

How long does an international divorce take?

It typically takes longer than a domestic one due to the need for translating documents and serving notices abroad via diplomatic channels. Expect 6 months to a year or more.

Do I need to be present in Georgia?

Not necessarily. You can grant a Power of Attorney to a Georgian lawyer who will represent you in court and handle all procedures on your behalf.

What is an Apostille and do I need it?

An Apostille is an international certification of documents. You will likely need it for your foreign marriage certificate to be valid in Georgia, and later for the Georgian divorce decree to be valid abroad.

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Cross-Border Divorce: Managing International Family Disputes

In the era of globalization, international marriages are becoming increasingly common, which unfortunately also increases the number of international divorces. A Cross-Border Divorce is one of the most complex legal procedures because it involves the jurisdictions of two or more countries. When spouses are citizens of different countries or live in different states, questions arise: In which country should the divorce take place? Which country's laws apply to property division? How will a Georgian court decision be enforced abroad?

A poorly planned cross-border divorce can lead to chaos: for example, parallel court proceedings in two countries, contradictory judgments, and enormous financial costs. Legal.ge offers access to specialists in private international law who have experience working with expats and mixed couples. They will help you determine the optimal jurisdiction and ensure the legitimacy of the process at an international level.

What Does Cross-Border Divorce Service Cover?

Experts on our platform offer specialized services:

  • Determining Jurisdiction: Analyzing whether a Georgian court has the right to hear the case (e.g., if the defendant is abroad).
  • Choice of Law: Determining which country's law should apply to the divorce and property division.
  • Recognition and Enforcement of Foreign Judgments: Legalizing a divorce decision made in a foreign country within Georgia (through the Supreme Court).
  • Remote Divorce: Managing divorce procedures for Georgian citizens living abroad without them needing to travel to Georgia (via power of attorney).
  • Child Relocation Issues: Disputes regarding the child's country of habitual residence and the application of the Hague Convention in cases of wrongful removal of a child.

Common Scenarios and Real-World Examples

Cross-border divorce is often encountered in the following situations:

  • Georgian Emigrants: A couple lives in Europe but wants to divorce in Georgia because the procedure here is cheaper and faster. The lawyer verifies whether the European country recognizes the Georgian divorce.
  • Mixed Marriage: A Georgian and a foreigner lived in Georgia, then the foreigner returned to their home country. The Georgian spouse wants a divorce and alimony. Sending international notice to the defendant is required.
  • Foreigners in Georgia: Two foreigners permanently residing in Georgia (with residence permits) request a divorce in a local court.
  • Assets Abroad: The divorce is taking place in Georgia, but the real estate to be divided is located in Turkey. Coordination with Turkish lawyers is necessary.

Georgian Legal Framework

International divorces are regulated by specific legislation:

The Law of Georgia on Private International Law is the main guide. It determines when Georgian courts have international competence. Generally, if the defendant lives in Georgia, the Georgian court is authorized. Also, the law establishes that the divorce is governed by the law of the country where the spouses have a common residence or of which they are citizens.

Bilateral Treaties: Georgia has signed legal assistance treaties with many countries (e.g., Turkey, Greece, Azerbaijan), which simplifies the exchange of documents and recognition of decisions.

Hague Conventions: Regarding child-related issues, Georgia is guided by the Hague Conventions, ensuring the protection of the child's interests across borders.

Step-by-Step Service Process

Working with a specialist on Legal.ge during an international divorce involves:

  1. Jurisdiction Check: First, it is determined in which country it is better to file the lawsuit (strategic choice).
  2. Document Legalization: Translating and apostilling foreign marriage certificates and other documents.
  3. Initiating the Process: Filing the lawsuit and serving notice to the party abroad via diplomatic channels (which requires time).
  4. Representation: The lawyer manages the process without your physical presence (if you are abroad).
  5. Recognition and Enforcement: Translating the final decision and, if necessary, sending it to the foreign country for recognition.

Why Choose Legal.ge?

Cross-border divorce requires deep knowledge not only of Georgian but also of international law. An ordinary lawyer might not take into account nuances (such as "Forum Shopping") that can radically change the outcome of the case. Legal.ge gives you access to experts who can manage complex, multi-national disputes and ensure that your divorce is recognized and legal in all relevant jurisdictions. Do not let borders create a legal dead end — find a solution on Legal.ge.

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