Georgia’s domestic relations long-arm statute is what lets a Georgia judge enter orders against a spouse who lives in another state.
What the Statute Says
Under OCGA 9-10-91(5), a Georgia court may exercise personal jurisdiction over a nonresident “[w]ith respect to proceedings for divorce, separate maintenance, annulment, or other domestic relations action or with respect to an independent action for support of dependents” if that person either “maintains a matrimonial domicile in this state at the time of the commencement of this action” or “resided in this state preceding the commencement of the action, whether cohabiting during that time or not.” Those are the only two ways in.
Why This Matters to You
This is the statute that allows a Georgia court to award alimony, child support, or a division of property against someone who has moved away. In Smith v. Smith, 254 Ga. 450 (1985), the Georgia Supreme Court explained that the legislature passed it because, under the old law, it was “virtually impossible” to bring domestic cases once a defendant became a nonresident “unless the defendant could be lured back into the state to be personally served.”
When the Statute Does Not Reach
For example, in Frasca v. Frasca, 254 Ga. 532 (1985), the parties married and divorced in New York and the wife never left. The husband later moved to Georgia and sued here to end his alimony obligation. Because the wife had “neither maintained a matrimonial domicile in this state nor resided in this state,” the long-arm statute did not apply.
Fitting the statute is also only the first step. The United States Constitution separately requires that the nonresident have minimum contacts with Georgia.
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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!