My husband and I got married in Georgia but live in Virginia. Do I have to get my divorce in Georgia?

Every state has residency requirements that require at least one spouse to be a current resident of that state for some length of time before you can file for a divorce there.  For instance, in Virginia, you must reside here for a least six months and consider Virginia to be your permanent home before you can file for divorce here.  If neither of you is currently living in Georgia, then you cannot file for divorce there.  It does not matter where you were married. The harder part is getting him out of your home.  You call it "your" home, but if he is your spouse, then it is his home, too.  It is very difficult to force someone out of the marital home against his will.  Once a divorce has been filed, you can move the court for exclusive use and possession of the marital home, but it will only be granted in extreme circumstances, such as domestic violence.  Some tactics I have seen my clients take are moving out the home themselves temporarily, in order to get the separation period started and allowing their spouse to continue residing there until the issue of whose house it is is resolved by the divorce court.  Or I have seen people sell the house out from under the other spouse, if it is in only one party's name, so that both parties are forced to move.  If none of these options sound appealing to you, you may have to find out what he wants and try to make him an offer he won't refuse in order to settle all of your issues. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.