In Georgia, only a superior court can grant a divorce.
What the Constitution Says
The Georgia Constitution provides that the superior courts “shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; and in divorce cases.” Ga. Const. Art. VI, Sec. IV, Par. I. OCGA 19-5-1(a) says the same in plainer words: “Total divorces may be granted in proper cases by the superior court.”
So no state court, magistrate court, probate court, or juvenile court can end a Georgia marriage, and neither can a private agreement between the two of you.
Alimony and Property Come With It
Georgia has always treated a proceeding for divorce and alimony as equitable in nature. Flournoy v. Flournoy, 228 Ga. 224 (1971). OCGA 19-5-1(a) puts petitions for divorce and permanent alimony in front of the same superior court judge, so alimony and the division of the marital property are decided in the divorce case itself.
Which Superior Court Is a Separate Question
Every Georgia county has a superior court, and which one hears your case is a question of venue rather than jurisdiction. In Crutchfield v. Lawson, 294 Ga. 407 (2014), a husband held in contempt of a Paulding County divorce decree by a Cobb County court argued that Cobb County had no subject matter jurisdiction. The Georgia Supreme Court disagreed: the case did not concern “what type of court” the class of cases belongs in, but “which superior court may properly consider this particular case,” and that question “is one of venue, not subject matter jurisdiction.”
You Cannot Agree Otherwise
Under OCGA 15-1-2, parties “may not give jurisdiction to a court by consent, express or implied, as to the person or subject matter of an action.”
Contact Us
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!