Question Details:My friend was married in GA but got a divorce in Australia. Is the Australia divorce valid in Georgia? Should she re-file for divorce in GA? What would the implications be of her re-filing for divorce in GA? Does the US and Australia have any international binding agreements that would force Australian courts to agree to her re-filling in GA?
The circumstances surrounding the divorce will determine if it is vaild. Courts here are concerned about jurisdictional issues - whether the court has the ability to pronounce judgement over someone.
A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity, provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce. Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce. Although full faith and credit may be given to an ex parte divorce decree, states usually consider the jurisdictional basis upon which the foreign decree is founded and may withhold full faith and credit if not satisfied regarding domicile in the foreign country. Many state courts which have addressed the question of a foreign divorce where both parties participate in the divorce proceedings but neither obtains domicile there have followed the view that such a divorce invalid.
Questions regarding the validity of foreign divorces in particular states in the United States should be referred to the office of the Attorney General of the state in question. It may be necessary to retain the services of a private attorney if the office of the state Attorney General does not provide such assistance to private citizens. Provide counsel with copies of foreign marriage certificates, divorce decrees and copies of foreign laws concerning divorce which may be available from the foreign attorney who handled the divorce.