Question: I need to get a divorce from my husband who now lives in New York. I live here in Georgia, in Cherokee County, and I work in Sandy Springs. My husband moved out of Georgia about 5 years ago. First he lived in Florida, then in North Carolina and finally he moved to New York, where he works for an insurance company and lives with his parents.
We actually have a decent relationship and sometimes he sends the kids' birthday presents when he remembers their birthdays. He was into drugs and alcohol for a while but now his parents say that he's sober again.
I've met a guy and I want to remarry. My fiancé said he'd adopt my kids. But what I want to do is get divorced. I know I can't be married to two people at the same time, although I bet that happens a lot. We've set a wedding date and mailed out invitations so I really need to get that divorce quick.
My husband said he doesn't want to come to Georgia. He said it's expensive, he can't get time off of work and he has bad memories of living here. And knowing him, I'd bet he has an outstanding warrant or two.
So I need to know what I can do to get an uncontested divorce if my husband lives out of state. He said he'll sign the divorce papers if I get a divorce lawyer to do them.
G.P. in Dunwoody, GA
Answer: We have done many uncontested divorces for clients whose spouse does not live in Georgia. Sometimes the spouse lives in another state; sometimes the husband or wife resides in another country.
If a spouse lives out of state or in another country, we can definitely do the divorce here in Georgia, in fact, we do that all the time. However, the out-of-state spouse must consent to jurisdiction here. We prepare the necessary divorce papers, submit them to the appropriate court and monitor the case until completion.
Most of the time, the spouse who lives outside of Georgia never has to appear in court and never has to even come to Georgia.
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