Moving to Georgia as a foreign citizen implies obtaining a residence permit but also access to various rights. Among these, the holders of residence permits can buy properties
, obtain employment with local companies, get married, but they can also get divorced in Georgia
We are a team of lawyers in who specialize in various areas of the Civil Law, including divorce cases in Georgia. Our article presents the grounds and the steps of the divorce procedure in this country.
We kindly invite you to reach out to our divorce lawyers in Georgia
for personalized advice on how to proceed in such a situation.
Types of separation procedures in Georgia
According to the Georgian Civil Law
there are several ways to end a marriage
. Even they all end in divorce, there are a few stages that must be reached in order for two spouses to separate permanently. The main stages of divorce in Georgia
are the legal separation and the final divorce. There is also the matter of marriage annulment, however, it is important to note that asking for this type of separation will imply the establishment of the marriage to have never existed.
Another important aspect to consider under the Civil Code is that only divorces acknowledged by a court of law are definitive. In Georgia, divorce hearings take place in Superior courts in various cities in country, among which Tbilisi.
Grounds for divorce in Georgia
In order to be acknowledged by a Georgian court
, a divorce
must be requested by one or both spouses on specific grounds. There are multiple grounds for divorce
accepted under the Georgian legislation
, and among these we mention the most common:
adultery of any of the spouses is one of the most met reasons for divorce in this country;
conviction and imprisonment of one of the spouses is also considered a ground for divorce;
drug abuse, alcoholism and other similar addictions can be used as reasons for separation;
mental illness and lack of mental capacity can also be invoked as grounds for a divorce in Georgia;
leaving the conjugal home is another common reasons spouses use to get divorced.
All grounds must be properly documented and presented in court at the time of the hearing. For this purpose, you can rely on our law firm in Georgia.
An important thing to consider when dealing with a divorce is that depending on the grounds invoked, there are specific waiting periods between the legal separation and the issuance of the final divorce decree by the judge. The minimum waiting period is 12 months if one of the spouses has left the conjugal home.
The uncontested divorce in Georgia
The amicable or uncontested divorce is the simplest way of separation as the spouses reach an agreement on terminating the marriage and the application is filed jointly. They must prepare a Petition for Divorce and other documents, among which their IDs and an agreement on the division of assets and child custody (where children are involved) and file them with the court in the city they live in.
Each spouse will also have a copy of the documents submitted with the court.
A court hearing will be established and during it, the judge will verify all the documents and ask the couple for a confirmation of their decision to divorce before issuing the Decree of Divorce.
If you have any questions about the amicable procedure, our divorce lawyers in Georgia can offer all the necessary information.
Court proceedings in the case of non-amicable divorces in Georgia
While the uncontested divorce is the simplest way to end a marriage, there are also cases where one of the spouses does not agree with the termination of the relationship. In this instance, the other spouse must file a petition with the court alongside supporting documents which relate to the unilateral decision to ask for termination.
The other spouse will be informed on the petition and will receive the right to submit his/her own claims with respect to the termination of marriage. The most important aspect to consider in the case of a non-amicable divorce is that each party must be represented by his/her lawyer.
In this case, the division of assets and child custody will be decided in court and decrees will be released for each issue separately, where the case will require it.
The main disadvantage of court proceedings in these cases is that they can be completed in a few months.
Our divorce lawyers in Georgia can represent spouses in such proceedings and offer suitable legal advice.
Documents related to divorce procedures in Georgia
When dealing with legal separation, our divorce lawyers in Georgia
will explain the documents the spouses need to prepare. The important aspect to consider here is whether the procedure is a contested or non-contested one. The simple way of getting divorced in Georgia
is for the spouses to file a joint application which will imply submitting the following documents with the court:
the petition for divorce;
a marital settlement contract with respect to the division of assets;
an agreement referring to the custody of children, if it is the case.
If the divorce is a contested one, our attorneys in Georgia will guide the petitioning spouse with respect to the documents to prepare.
One of the most important things to consider is that foreign citizens who want to get divorced in Georgina must be residents of this country. In the case of joint applications for divorce, the decree is issued by the court in a matter of days.
Our legal services are available in several cities in Georgia, including in Batumi and Kutaisi
Asset division in the case of divorce
Upon the termination of a marriage, there are several issues to resolve among which the division of assets is one of the most important. It should be noted that both properties
will be divided between the two spouses.
The division of the assets can be established by a judge or even a panel of juries, depending on the seriousness of the case. It should be noted that in most cases only the assets acquired by spouses during the marriage will be taken into consideration upon separation of the goods. These can include, the marital home, money kept in joint bank accounts, jewelry, and other goods.
Where a prenuptial agreement is presented in court, it will be taken into account by the judge or jury.
The division of assets can be complicated which is why it is advisable during these proceedings to ask for legal advice from a lawyer in Georgia.
Child custody and alimony in Georgia
Two other important issues addressed in a divorce in Georgia are child custody and alimony.
Child custody is a very sensitive matter, especially when minor children are involved, case in which the judge alone will decide who obtains their custody. However, it must be noted that both spouses are required to participate into raising them and providing for their welfare.
It is possible for the judge to ask for a plan based on which custody and the time spent by the parent who did not obtain custody will be established. The divorcing parents can create the plan and submit it for approval with the judge, if the two agree. If this is not the case, each parent will file his/her own plan based on which the judge will rule over:
where the children’s permanent home will be,
the time spent with the other parent,
the participation of each parent to the education and welfare of the child,
the alimony paid by the spouse who did not obtain custody.
It is worth noting that in the case of children aged at least 14, they will have the right to choose who they want to live with.
When it comes to alimony, the judge can award an amount of money to be paid by one spouse to the other based on grounds such as:
the need of the other spouse of support,
the ability of the other former spouse to pay,
the relationship between the two parties.
Alimony cannot be requested by any of the parties in case the case for divorce was adultery or leaving the home by the spouse guilty of any of them. Also, the judge will decide the amount to be received as alimony based on a set of criteria.
Once the spouse receiving alimony remarries, he or she will no longer be entitled to the respective amount of money.
If you have any questions about child custody, maintenance and alimony matters, our divorce lawyers in Georgia can answer them.
Registration of divorce in Georgia
Once the divorce decree is issued, it must be registered with the Public Service Development Agency
. Among the documents to be filed in order to register a divorce in Georgia
are the court decision, the identity documents of both spouses, a joint declaration if the divorce was mutual and a power of attorney in case a representative of any of the spouses files for registration.
Here are a few facts about divorces in Georgia:
between 2013 and 2018, there were 46, 031 divorce decrees issued;
around 50% of divorces in Georgia are registered in Tbilisi;
if one of the spouses is sentenced to 3 years of imprisonment, divorce to the other spouse is granted very quick;
the divorce decree is issued in 5 working days after filing a petition.
For assistance in litigation related to separation, please contact our divorce lawyers in Georgia