Divorce when the spouse is abroad or whereabouts are unknown: what to do under Georgian law

What to do

1. Court: a Georgian court has jurisdiction if one of the spouses is a citizen of Georgia (or was one at the time of the marriage) (Law on Private International Law, Art. 12); if the defendant has no place of residence in Georgia — the claim is filed at the plaintiff's place of residence (Civil Procedure Code of Georgia, Art. 19); if the defendant's whereabouts are unknown — at the defendant's last known place of residence (Civil Procedure Code of Georgia, Art. 15). The spouse's consent is not needed — what is needed is the correct service procedure.
2. Known address abroad: a summons is served abroad under an international treaty, through the central authority (Civil Procedure Code of Georgia, Art. 73); without confirmation of delivery, it is deemed served if it was sent under the Hague Convention, reasonable measures were taken, and at least 6 months have passed since the first dispatch (Civil Procedure Code of Georgia, Art. 71). Allow for several months and for translating the claim.
3. No address: do not invent one — an incorrect address for the defendant results in the claim being left without consideration (Civil Procedure Code of Georgia, Art. 71). State that the “whereabouts are unknown” and attach evidence of the search: where the whereabouts are unknown, the court orders public notice by ruling (court, website, newspaper) (Civil Procedure Code of Georgia, Art. 78); the summons is deemed served on the 7th day after publication (Civil Procedure Code of Georgia, Art. 78). If the address is correct but service failed — public notice (Civil Procedure Code of Georgia, Art. 71).
4. Without the defendant: if the defendant does not file a response without a valid reason — a default judgment without a hearing (Civil Procedure Code of Georgia, Art. 232¹); the non-appearance of a duly notified defendant plus the plaintiff's motion — the facts in the claim are deemed proven (Civil Procedure Code of Georgia, Art. 230); to appeal a default judgment — 10 days from receipt of the copy, after which it enters into force (Civil Procedure Code of Georgia, Art. 237). The court then itself sends the judgment that has entered into force to the civil acts registration authority within 5 working days (Law on Civil Acts, Art. 58).
5. Alternative where the spouse has disappeared: a person is declared missing if their whereabouts are unknown and they have not appeared at their place of residence for 2 years (Civil Code of Georgia, Art. 21); then the divorce may be registered at the registration authority on the application of one spouse — if the other spouse has been declared missing by court (Law on Civil Acts, Art. 56).
6. Where to apply: district (city) court; registration of the divorce — Public Service Hall.
7. Evidence: marriage certificate, the plaintiff's address, the spouse's last known address, evidence of the search (correspondence, consulate inquiries, relatives), translation of the claim for service abroad.
8. Pitfalls: using an “approximate” address abroad instead of a motion for public notice; waiting for the consent of the spouse who left — it is not needed; promising that a default judgment will be recognised abroad — that is decided by the law of that country.

Be sure to check

• divorce claim to a Georgian court (one spouse is a citizen of Georgia); filed at the plaintiff's residence if the defendant has none in Georgia, or at the defendant's last known residence
• known address abroad — service through the central authority under an international treaty (Hague Convention); deemed served no earlier than 6 months after the first dispatch
• unknown address — public notice by court ruling, deemed served on the 7th day; incorrect address — claim left without consideration
• non-appearance or silence of the defendant — default judgment; 10 days to appeal it
• alternative — declare the spouse missing (2 years) and divorce at the registration authority on one spouse's application