QUESTION

What is the GA law concerning determining residency?

Asked on Jul 17th, 2012 on Divorce - Georgia
More details to this question:
I have been a resident of GA all of my life. For 6 years, I MOVED TO AL to e near my job. I never changed my legal address, driver''s licence, or registered to vote in AL. I was married during that time. 6 weeks ago that woman abandoned me and I moved back to my legal residence in GA and filed for divorce. That was 6 weeks ago. She filed for the case to be dismissed because she is not a resident of GA. There are no children, property, or debt to be divided. It is an attempt to delay the divorce.
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1 ANSWER

Though she may be trying to stall, because you were not a “bona fide resident of Georgia” (you actually lived in AL), the court will not have subject matter jurisdiction over the divorce at this time.    In order to file for a divorce in Georgia, residency requirements must be met for the court to accept the case.  The requirements are as follows:   No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition. (OCGA § 19-5-5)   For a Georgia court to grant you a divorce, the court must have jurisdiction to do so.  If the court discovers it does not have jurisdictional rights to hear the case, it will not be accepted or it will eventually be dismissed.  In divorce cases, 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.  However, the six months' residence must exist at the time of the filing of the complaint.   (Personal jurisdiction is not required to grant a divorce.  The court has "in rem" jurisdiction over the marriages of residents of the state. The court must, however, have personal jurisdiction over the defendant if financial relief is to be granted, i.e. child support, division of property, alimony, etc.)  Basically, you must have actually lived in Georgia for six months prior to filing for the court to have jurisdiction.
Answered on Jul 18th, 2012 at 9:59 AM

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