Georgia law lets you serve divorce papers on a spouse living in another country, and the courts require the statute to be followed exactly.
The Routes the Statute Allows
OCGA 9-11-4(f)(3) sets out how service may be made outside the United States. The routes include any internationally agreed means, the method the foreign country itself uses in its own courts, a letter rogatory, personal delivery of the summons and complaint, “[a]ny form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served,” and any other means the court directs.
Exactly As Written
In Jahanbin v. Rafieishad, 292 Ga. 806 (2013), a wife filed for divorce in Fulton County against a husband who was spending time in Iran. Personal service there failed, so the trial court ordered the clerk to mail the papers to his address in Tehran. The clerk instead told the wife’s attorney to fill out the registered mail receipt in Farsi and send it herself.
The Georgia Supreme Court held that was not service. The statute “requires the clerk of court to be the person who addresses and dispatches the mail containing the summons, thus ensuring that an officer of the court disinterested in the proceedings is able to verify both the contents of the mailing and the address to which it is sent.” Registered mail sent by the wife’s attorney did not qualify, and the statute “does not permit the clerk of court to direct someone else to address and dispatch the mail.”
Why It Matters
Without proper service the court never acquires jurisdiction over your spouse. On that ground alone, the husband in Jahanbin was entitled to have the final judgment and decree of divorce set aside.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!