In the state of Georgia, the party requesting a divorce has to have been a resident of Georgia for at least six months prior to filing suit in order for a Georgia court to have jurisdiction to grant a divorce. However, a nonresident of Georgia who is member of the military and who has been a resident of a military post in Georgia for one year may file suit for divorce in Georgia. A member of the military may become a resident of Georgia in the same way as any other civilian. The obvious question then is, “what does it mean to be a resident of Georgia?” Residency for the purpose of a divorce suit is based on the concept of “domicile.” To be a domiciliary of Georgia, a person must have an actual residence in Georgia and must have the intention of remaining indefinitely at the residence. If it is established that the plaintiff is a resident of Georgia, the divorce can be filed in Georgia.
After it is established that Georgia is the proper jurisdiction, the proper court, or venue, must be determined. Generally, this will be the county where your spouse resides. In military divorces, the proper venue can sometimes be a complicated determination.
Consequences for Filing in the Improper Jurisdiction or Venue
If you file in the wrong jurisdiction or venue, the cost of your divorce may be increased unnecessarily. A divorce is already difficult emotionally and financially, and there is no reason to pay unnecessary costs that should be avoided.
The attorneys at Jarrett & Price, LLC have the experience and knowledge to ensure that your case is properl