Skip to main content

Divorce signature and hearing court?

Duluth, GA |

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?

If so, what type of form do I need to send to her? What is it called? Thanks!

Attorney Answers 3


  1. 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.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  2. 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. 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.

    These materials have been prepared by Keith, Shapiro & Ford, for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. Internet subscribers and on-line readers should not act upon this information without seeking professional legal counsel.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics