Last updated on April 16, 2021
International Divorce In Atlanta
Filing for divorce and resolving the many issues that arise in a divorce, such as child custody and visitation, property division and alimony, is complex in itself. However, when a divorce involves international issues, such as being married outside of the United States but seeking a divorce after living in the U.S., there are additional and complicated legal issues.
That is why it is so imperative to spouses seeking an international divorce to make sure their attorney is knowledgeable, experienced and well-versed in international divorce issues. At The Siemon Law Firm, we have seasoned divorce attorneys who effectively handle not only domestic divorce matters but international divorce cases as well. We have represented clients in divorce cases in all different parts of the world.
Guidance On A Vast Range Of International Legal Issues
With more and more U.S. citizens traveling and working outside of the country, it is not uncommon for couples to have a foreign wedding and then come back to the U.S. to work and live. Some couples may even continue their marriage in different countries, sharing their time between one or multiple countries. Whatever your specific international situation, we can help you with a vast range of legal issues, including:
- Jurisdictional conflicts
- International/foreign divorce
- International/foreign child custody and visitation
- International/foreign alimony
- International/foreign child support
- International/foreign property division
We serve a diverse clientele, involving those from or living in India, South Africa, Indonesia, Pakistan, Germany, Great Britain and more.
Jurisdiction: Where Do I File For Divorce In Georgia?
Determining where to file for divorce is complicated. Any number of factors can determine the correct jurisdiction, depending on the type of action you are filing. Here are a few examples:
- If you separate and your spouse moves two counties over, you must file in the state and county in which the marital residence was located. However, if your spouse stays in the other county for more than six months, you may have to file a suit in that county.
- In child custody cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines the jurisdiction.
- If you get divorced in Atlanta, then you move to Texas and your ex-spouse moves to New York the UCCJEA will determine jurisdiction.
The bottom line is that you need to discuss your particular situation with a lawyer. Because the correct jurisdiction is dependent on so many factors, it takes an attorney with dedicated experience in family law to advise you best.
What Happens If I File In The Wrong Jurisdiction?
If you attempt to file in the wrong county or state, the clerk’s office may realize the error and not accept your complaint for divorce. Or, the clerk’s office may not notice, which means you may become deeply involved in the divorce proceedings before a competent lawyer gets involved and realizes the court does not have the jurisdiction to hear the case. This can result in the case being dismissed after you have already invested a significant amount of time and money into it.
In the worst scenario, you could end up with a divorce decree that is unenforceable. Five years down the road you may discover that the decree can be set aside as invalid.
Don’t Wait To Consult With An Experienced Attorney
Divorces with international elements can quickly become complicated. Turn to a lawyer you can trust. Call 770-888-5120 or contact us online to schedule a confidential initial consultation with our firm. We have offices located in Atlanta, Alpharetta, Cumming and Marietta.