Where Should I File For Divorce in Georgia?
February 20, 2019
If you are not familiar with the legal system, filing for a divorce can be confusing and intimidating to navigate. In Georgia, the laws regarding divorce are quite strict when it comes to determining who can file for divorce. These include: what type of court a divorce action must be filed in and geographically where the action can be filed.
If you are considering filing for divorce you must consider three important questions to begin the process:
Who May File?
Step One to filing for divorce is to determine whether you are eligible to file in Georgia. Georgia law allows individuals who meet one of the following requirements to file for divorce within the state:
Georgia Residents who have been residents of the state for six months prior to filing.
Active Military Personnel who are residents of other states but have been stationed in Georgia for at least one year prior to filing.
Out of state spouses of individuals residing in Georgia may file in the home county of the respondent if the respondent is a Georgia resident and has resided in that county for at least six months prior to the filing date.
Which Court Has Jurisdiction?
Step Two is make sure that you are filing in the right type of court to hear the case. In Georgia, the State Constitution requires that all divorce actions must be filed in Superior Court.
Where is the Proper Venue?
Step Three to filing for divorce, is to determine the proper geographical venue for the divorce. Georgia has 159 counties, each with its own superior court. Cases filed in the wrong county must be transferred to the appropriate county. Not doing so, can result in months of wasted time and hundreds, or even thousands of wasted dollars.
Generally—The Georgia Constitution generally requires divorce actions filed against Georgia residents to be filed in the county in which the defendant resides.
When the Defendant has moved ---When the defendant has recently moved, either out of the county, or even out of state, a suit for divorce may be filed in the Plaintiff (The person filing for divorce)’s home county if that county is the site of the marital home, and the parties where separated less than six months before filing.
It is important to know that this article is intended to provide brief answers to some of the most commonly asked questions regarding the beginning stages of a divorce action. It is in no way intended to serve as legal advice or to replace the services of an attorney. As always it is
best to seek the counsel and services of a qualified and experienced attorney. Weaver Law Firm provides down-to-earth, structured legal advice and experience needed to ensure that your case is quickly resolved.