What are the residency requirements for filing for divorce in Georgia?
Key Takeaways
- Before filing for divorce in Georgia, at least one spouse must have resided in the state for at least six consecutive months.
- Members of the armed forces who’ve been stationed at any U.S. Army post or military reservation in Georgia for at least one year may also file for divorce in the state.
- Georgia superior courts have jurisdiction over all divorce matters, including alimony, child support, and property matters.
Doing this and then serving the summons and complaint on your spouse establishes that Georgia has personal jurisdiction and may rule on how to award alimony and child support and divide property located outside of the state.
Before you prepare to file for divorce in Georgia, you need to check that you meet the residency requirement. This requirement establishes that the state has jurisdiction over your case, meaning it has the legal authority to make decisions regarding your divorce.
The residency requirement for filing for divorce in Georgia is that either you or your spouse must reside in Georgia for at least six consecutive months immediately before filing for divorce.
You can prove your residency in one of several ways, including:
- valid Georgia driver’s license.
- A Georgia address on your federal or state tax return.
- Georgia vehicle registration card.
- Utility bills with your address on them.
- Georgia voter registration.
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What if I’m stationed in Georgia?
If you’re not a resident of Georgia but you’re in the military, you may be able to file for divorce in the state. Any member of the armed forces who has resided in any U.S. Army post or military reservation in Georgia for at least one year may file a petition for divorce in any county adjacent to their post or reservation.
Can I file for divorce if my spouse lives in Georgia but I don’t?
If you don’t live in Georgia but your spouse does, you may be able to file for divorce in the state. Per Georgia Code § 19-5-2 (2023), a nonresident may file for divorce in Georgia if they meet all of the following:
- They file in the superior court in the county where their spouse is a resident.
- Their spouse meets the six-month residency requirement for both the state and the county.
Keep in mind, the place where you file for divorce is where your case will be heard. So you not only need to abide by all Georgia divorce laws, you’ll also need to travel for the case. That will require additional time and money (for gas or other transportation) for you. Additionally, it’s best to work with a Georgia divorce attorney, as they have the most up-to-date knowledge of the state’s divorce laws.
Where to file: Jurisdiction over custody and child-related matters
In Georgia, superior courts have jurisdiction over all divorce matters, including alimony and child support matters. So be sure to file your divorce papers in the superior court in the county where you or your spouse resides.
Doing this and then serving the summons and complaint on your spouse establishes that Georgia has personal jurisdiction and may rule on how to award alimony and child support and divide property located outside of the state.
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