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Jahanbin v. Rafieishad

The trial court lacked jurisdiction to enter a final judgment and decree in a divorce action, since service of process on the husband was not proper as the clerk of court had directed someone else to write the foreign script necessary to dispatch the mail containing the summons, which was then sent to Iran.

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Appellant Manoucher Jahanbin husband appeals the trial court’s denial of his motion to set aside the final judgment and decree in a divorce action brought by Zahra Rafieishad wife. Specifically, husband contends that the trial court erred in finding service upon him was perfected pursuant to OCGA § 9-11-4 f 3 B iii II.

According to the facts presented, husband and wife met in their native country, Iran, but were married in Atlanta, Georgia, shortly after moving here in 2007. Husband has dual citizenship in Iran and the United States, while wife is a citizen of Iran and a resident alien in this country. After living together in Georgia for several years, husband began traveling internationally and spending time in Iran while wife remained in the marital residence in Atlanta.

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