A Georgia court that has jurisdiction over your divorce can still decline to hear it if another court is the more convenient place for the case.
What the Statute Says
Under OCGA 9-10-31.1(a), if a Georgia court “on written motion of a party” finds that “in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens.” A written motion is required, and the court weighs seven statutory factors before ruling.
The statute produces one of two outcomes. If the better forum is another Georgia county, the case is transferred there. If it is another state, the case is dismissed.
It Applies to Divorce Cases
The Georgia Constitution says that divorce cases “shall be tried in the county where the defendant resides.” In McInerney v. McInerney, 313 Ga. 462 (2022), a wife living in Indiana filed for divorce in Bryan County and her husband moved to dismiss. The Georgia Supreme Court held that the statute does not offend that provision and can be applied to a divorce. As the court put it, “a proper venue is not necessarily the most convenient venue.”
It Is Entirely a Creature of Statute
Holtsclaw v. Holtsclaw, 269 Ga. 163 (1998), holds that “the courts of Georgia have no inherent authority to decline to exercise the jurisdiction otherwise granted by our constitution,” so the doctrine “is generally controlled by statutory provisions.”
The statute also builds in a protection. Under OCGA 9-10-31.1(b), a court may not dismiss until the defendant files a written stipulation waiving any statute of limitations defense in the other state.
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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!