Legal Question in Family Law in Georgia
I want to divorce my wife who left in 2006 with my 3 children back to her country in South America,my 3 children are US citizens. I do not know of her location or where she lives. I got to the point on the divorce papers where they ask questions about the children and child support and so on. What should I put on the papers? There are parts where they ask if she is under Georgias jurisdiction. I downloaded the forms from a website for Fulton County Georgia. My wife is not a US citizen and has not returned to our home for almost 5 years. I just want to get divorced from her. Thankyou
1 Answer from Attorneys
Shred the forms. No divorce is a pro se project.
A divorce involving international custody law is not even a project for inexperienced lawyers. You need a lawyer with extensive knowledge in this area.
The Hague Convention and the Federal statute that implements it (ICARA) create issues as to whether Georgia has jurisdiction over the children and the mother, and while you may "just want to get divorced" a judge will be concerned mostly with the children, their custody and their support. The detailed facts will help determine if you can and should file here and what to file.
How to address this is well beyond a do it yourself project and you need to get a lawyer. I'd be glad to discuss the case with you, but do not treat this as a money-saving cookie-cutter form case as it is not.
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