Divorce by Court Decision
When should we go to court?
There comes a time in life when you have to make divorce and talk about it with your spouse.
But if spouse (wife or husband) doesn't want a divorce and doesn't agree, it is legal reason to file lawsuit and start civil dispute in court about divorce.
So If one spouse does not want a divorce and there is a dispute on this issue, you have the right to apply to the court. but if spouse will be agree you will avoid court and Divorce will be registered in Justice house.
Maybe one side disagree, but you should know, that divorce occurs as freely as marriage, because it is a human right based on free will.
How File lawsuit in court?
Firstly You should obtain qualified legal advice and plan all events/details with lawyer.
Your lawyer will file a civil lawsuit and go to the court of territorial jurisdiction, which means that the case will be discussed by the court of the city/district where the spouse (defendant) lives, for example: if spouse lives in Tbilisi - case will be discussed by Tbilisi Court.
​
The trial consists of several stages, the lawyer ensures the protection of your interests and representation at court hearings.
You are not obliged to attend the sessions or participate if you do not want to, which is often due to the parties not wanting to communicate with each other. Because the lawyer is acting on your behalf.
Finally, after considering the case, the court makes a decision, which comes into force (final version) and is registered in the House of Justice, where, if you wish We will receive a certificate of divorce, also possible to order translation and apostille.
​
claim must be filled out with accurate information. Additionally, factual and legal arguments prepared by qualified lawyer.
Therefore, when you decide to get divorced, you should know Living address (obligatory) of your spouse, it is also advisable to know the telephone number, mail, working address and etc.
​
To Start Divorce case in Court, you need to provide a marriage certificate to a lawyer, but if you do not have a marriage certificate, this is not a problem, since your lawyer will help you.
You will also need a power of attorney to have a lawyer act on your behalf and defend you in court. You can issue a power of attorney at any notary office in your current living country. This means you should visit local notary office, represent them your original passport for identification and draft for Power of attorney, which will be provided from us, because considering Georgian law and criteria we using special text/content for POA, so we help our clients to make POA easily and that's why we sending them already prepared template.
only needed to add your passport details in POA document, notary will sign it and stamp it and after legalization or apostille, you should send original POA document to Tbilisi.
Based original POA we are official representators and we can lead your divorce case without you.
who can apply in Georgian court?
1. Georgian courts have international jurisdiction over cases related to Divorce, if:
a) one of the spouses is a citizen of Georgia or was a citizen of Georgia at the time of marriage;
b) the spouse, against whom the case is initiated, has his usual place of residence in Georgia;
c) One of the spouses is a stateless person and has his usual place of residence in Georgia.
​
so this means, that you or your spouse should have Residence permit card , or citizenship, or have permanent living place in Georgia. If you cant satisfy mentioned criteria, unfortunately Georgian court cant discuss your divorce case and you should apply to the court where you live territorially now (current country).
​
If you have same situation, try to negotiate with your spouse and make divorce by justice house. Because By Georgian law if both spouses are agree to make divorce, based Power of attorney, lawyer will finish your divorce case during 6 working days, without court.
