Asked 8 months ago - Duluth, GAFlag
She left to Korea from USA in July 28, 2012. She said will sign the divorce paper if i sent it to her. I live in the USA . Does she has to go to a court or not? when a court got a divorced paper signed by both?
For purposes of this question I am assuming you have been a Georgia resident for six months.
Some Georgia counties have mandatory hearings in divorces. Some allow hearings to be waived. Some will waive hearings only in cases with no children. Some waive hearings only for lawyers.
In most courts, if your wife consents, her attendance isn't needed.
Now the important part: YOU NEED A LAWYER. Let me stress that. In general, there will be a number of documents that either have to get signed or should get signed ranging from an acknowledgment of service, consent to try, agreement to other documents that depend on the facts of your case. In almost every case, her agreement will lower the costs.
If you need helpwith your case feel free to call me at 404-768-3509.
Your state law probably includes a provision that allows entry of judgment by mutual consent, and allows it to be shown by signature. You should talk to a local attorney to be sure - or, if your local court has one, to the clerk or family law facilitator. But I would guess that, if you both are in agreement on all the terms and she's signed a proper judgment consenting to them, she wouldn't need to appear in person.
You can send her the papers, but that does not constitute valid service.
She can sign the appropriate document consenting to the divorce but she MUST sign at the US Embassy or Consulate as the courts will not accept documents bearing the seal of local officials/Notaries.
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