QUESTION

Married US citizen, want divorce

Asked on Aug 19th, 2012 on Divorce - Georgia
More details to this question:
I married a US citizen in 2001 in my country-the Czech republic. Since 2008 I become an US citizen also (with dual Czech-US citizen ship). If I want to divorce this person, where should I file the paperwork?
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1 ANSWER

Where you need to file depends on what court has jurisdiction.  Subject matter jurisdiction is the power of the court to enter an enforceable order regarding the issues in a divorce. Georgia courts have subject matter jurisdiction when one of the parties has been a resident of the state of Georgia for at least six months at the time of the filing of the complaint (the document to initiate a divorce action).    In Georgia, the court must also have jurisdiction over the person.  As such, you usually need to file in the county where your spouse resides.  If your spouse does not live in the same county as you, but will consent to the jurisdiction of your county's court, you should be able to file in the county you live in.
Answered on Aug 23rd, 2012 at 9:07 AM

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