Many Georgians living abroad think they have to come to Georgia to divorce. Often they don't — the route depends on whether you both agree.
If you both agree
Under Article 1123 of the Civil Code, if there is no dispute between the spouses, the divorce is registered with the civil registry — without a court. Abroad, a divorce can also be registered at a Georgian consulate on the spouses' joint application. Check with your consulate which documents it requires.
If there is a dispute
If one spouse objects, or there is a dispute about a child, alimony or property, a court decides on the divorce. A lawyer can run this case under a power of attorney — you don't need to be in Georgia. The court may give the spouses time to reconcile, no longer than 6 months.
Power of attorney
You can give a power of attorney at a Georgian consulate, with a local notary (with an apostille or legalisation, depending on the country) or, if you have a Georgian passport, online — with a notary in Georgia by video call, with two witnesses present.
If you already divorced abroad
If a foreign court granted the divorce and at least one spouse is a Georgian citizen, the decision usually has to be recognised in Georgia by the Supreme Court. Until then, you are still considered married in Georgia.
Children and property
When granting a divorce, the court can also decide where the child lives, alimony and the division of property. If the property is in Georgia, it is often simpler to settle these questions here.
Legal basis
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
This article is general information and does not replace advice from a lawyer on your specific case.
Every case is different — don't rely on general information. Contact a lawyer for advice.
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