Question: I live in Georgia and my wife lives in Florida. We have been separated for over 5 years but we want to get a divorce and move on with our lives because we are in other serious relationships. And I'd like to marry my girlfriend within the next 6 months, so I really need to get a divorce, because I know that it's illegal to have two wives, even if you're not living with one of them.

We don't have any kids and during our time living together we didn't make a lot of money or have many assets. I'm still not making a huge amount of money but at least I am starting to save it. We met when I graduated from the University of Georgia and she graduated from Georgia State University.

Our relationship just didn't work because I was drinking too much and she has mental issues and a drug problem. She first moved to California, then Ohio and she finally moved to live with her parents in Florida. We speak sometimes and she said she also wants a divorce.

I just need some help in getting the divorce and making sure it's done right and that nothing will come back to bite me. I think it will be an uncontested divorce.

F.M. in Alpharetta, Georgia

Answer: As divorce lawyers we get this same question perhaps once a day. We have helped many clients get divorced when they live in Georgia and the other spouse is in another state, or even in a foreign country. Many times these types of divorces can be uncontested because both parties are motivated to get divorced.

The good news is that most of the time we can prepare the divorce papers for our client and the spouse can sign them and send them to us. In many counties throughout Georgia, the out-of-state spouse or the out-of-country spouse does not even have to appear in court. Since you live in Alpharetta, which is in Fulton County, many superior court judges will allow the spouse in another state to appear via telephone. So in your case she can call-in from Florida.

We help make sure that the divorce is done correctly so that no issues arise in the future. Sadly, we have seen people try to do it themselves and they are astonished to find, even after many years, that they are still married. This is far worse after they have gotten married to someone else and realize that they were never legally divorced from their husband or wife. Now they have two husbands or wives and they are in violation of the bigamy laws. Please don't let this happen to you.

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