You establish a Georgia domicile by living at a fixed place here and intending to stay indefinitely.
What the Statute Says
Under OCGA 19-2-1(a), the domicile of an adult under no disability “is the place where the family of the person permanently resides, if in this state,” and if the person has no family in Georgia, “the place where the person generally lodges shall be considered his domicile.”
The Georgia courts describe the same idea more usefully. In Abou-Issa v. Abou-Issa, 229 Ga. 77 (1972), the Georgia Supreme Court held that domicile “refers to a single fixed place of abode with the intention of remaining there indefinitely, or the single fixed place of abode where a person intends to return, even though the person may in fact be residing elsewhere.”
What It Looks Like in Practice
Cooke v. Cooke, 277 Ga. 731 (2004), shows the kind of proof that carries the point. An Irish citizen living in Fulton County filed for divorce. His wife and children had returned to Great Britain in 1999, and he stayed.
The Georgia Supreme Court held the trial court was wrong to find he was not a Georgia domiciliary. The couple had lived together in Fulton County for seven years. His employment, his primary source of income, and his residence were in Georgia. He had obtained permanent resident alien status. He had filed Georgia tax returns designating himself a year round resident, and had declared himself a nonresident of Britain for tax purposes.
Your Spouse’s Domicile Is Not Yours
OCGA 19-2-3 is short and worth reading: “The domicile of a married person shall not be presumed to be the domicile of that person’s spouse.” Each of you has your own.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!