Our website uses  cookies for statistical purposes.

  • 86 Davit Aghmashenebeli avenue, Tbilisi, Georgia
  • clients(at)lawfirmgeorgia.com
  • +995 595 11 88 22
Our Articles

Divorce Lawyers in Georgia

Divorce Lawyers 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.

 Quick Facts  
Grounds for divorce in Georgia

– adultery,

– conviction or imprisonment,

– addictions,

– leaving conjugal home,

– abuse,

– personal reasons, etc.

Uncontested divorce – characteristics

A type of divorce where both spouses mutually agree to end their marriage without significant conflict or litigation.

Contested divorce – characteristics

Spouses who cannot agree on divorce matters proceed to court, where they can be represented by our Georgian lawyers.

General documents required for divorce

– ID documents,

– proof of marriage,

– divorce application,

– financial statements,

– list of personal properties, etc.

Division of assets

Will be settled by the Court, depending on the length of the marriage, financial contributions, prenuptial agreements, etc.

Child custody

The court will decide the custody, to ensure the child's well-being, and safety.

Child support

Settled by the court, according to the parent's income, expenses, number of children, etc.

Officially registering a divorce

Once the divorce decree is issued by the court, it must be registered with the Public Service Development Agency in Georgia.

Inadmissible divorce

If the wife is pregnant or has given birth to a child within the past year, the husband cannot request a divorce without the wife's permission during this period.

Payment of debts after divorce Can be paid using personal assets or share of property acquired during the marriage.
Examples of annulled marriages

– underage spouse,

– sham marriage,

– forced marriage,

– mentally incapacitated spouse, etc.

Spousal support

Determined by the court based on factors such as: the financial needs of the entitled spouse, the financial capacity of the supporting spouse, etc.

Relieving spousal support

– if the marriage was short-lived,

– if the spouse seeking support acted dishonestly,

– if the seeking spouse is unable to work due to issues like addiction or criminal behavior

Assistance (YES/NO)

YES, our attorneys in Georgia handle divorce cases and can represent you in court.

Additional services provided by our law firm in Georgia

– company formation,

– accounting,

– immigration,

– buying property in Georgia

Remote divorce in Georgia (YES/NO)

YES, our Georgian lawyers will explain this process to you.

Timing of divorce registration

The registration of divorce typically occurs within 5 working days after submitting the application.

Name change for children after divorce

Parent must have primary custody;

Child must provide consent if he/she is above 10 years old.

Name change for spouses after divorce

Individuals can keep their last name or use the last name they had before marriage.

Living in rented properties after divorce

If spouses can't agree on who will live in a rented place, the court will decide for them.

Situations for granting a divorce on request by one spouse

– If the other spouse is declared missing;

– If the other spouse is declared legally incapacitated due to mental illness or mental retardation;

– If the other spouse is sentenced to at least three years of imprisonment.

Right to re-marry (YES/NO)

YES

New marriage without official divorce

The previous marriage can be considered as ended from the date of the new marriage registration, but only if both the person and his/her previous spouse agree to it officially.

Removal of parental rights after divorce

If the court determines that the separated parent is harming the child's well-being.

Divorce in Georgia for foreign citizens Foreigners who are divorcing in Georgia do not need permanent residency or citizenship for the procedure.
Disinheritance for separated spouses

If a married couple has lived apart for at least three years, the court can prevent the separated spouse from inheriting the deceased person's assets.

Inheritance rights for divorced spouses

Former spouses do not have the legal right to inherit from their ex-spouse upon his/her death.

Procedures of divorce in Georgia

Are outlined in the Civil Procedure Code of Georgia.

Total duration of a divorce case in Georgia translators

Depends on the complexity of the case. Our attorneys will try to solve the procedure as quickly as possible.

Other family law disputes in Georgia

– paternity establishment,

– single-parent status,

– parental rights and duties, etc.

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 Georgiadivorce hearings take place in Superior courts in various cities in country, among which Tbilisi.

Our divorce lawyers in Georgia can offer detailed information on the types of separations applicable here.

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:

  1. adultery of any of the spouses is one of the most met reasons for divorce in this country;
  2. conviction and imprisonment of one of the spouses is also considered a ground for divorce;
  3. drug abuse, alcoholism and other similar addictions can be used as reasons for separation;
  4. mental illness and lack of mental capacity can also be invoked as grounds for a divorce in Georgia;
  5. 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.

 We have a dedicated team of lawyers with experience in Civil Law disputes, including divorce cases.

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 and debts 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.