Yes. A Georgia superior court can grant you a divorce without ever having personal jurisdiction over your spouse.
What the Court Needs Instead
Under OCGA 19-5-2, no court may grant a divorce to a person “who has not been a bona fide resident of this state for six months before the filing of the petition for divorce.” That residence is what gives the court power over the marriage itself. As the Georgia Supreme Court put it in Abernathy v. Abernathy, 267 Ga. 815 (1997), “[p]ersonal jurisdiction over the defendant is not a prerequisite to the grant of a divorce by a Georgia court.” The filing spouse “need show only that the trial court has jurisdiction over the res of the marriage which results from his or her domicile in this state.”
Examples
In Abernathy, the couple married in Florida and lived in Louisiana until they separated. The husband moved to Georgia, waited about a year, and filed here, asking only for a divorce and for the property located in Georgia. His wife appeared specially to argue the court had no power over her. The Georgia Supreme Court affirmed, holding the court had jurisdiction over the marriage and over the marital property situated in this state.
Similarly, in Rymuza v. Rymuza, 292 Ga. 98 (2012), a wife served by publication argued the trial court had no personal jurisdiction over her. The Georgia Supreme Court found no merit in the argument “in light of the limited relief awarded by the trial court” – the judgment did nothing but divorce the parties.
Where It Stops
Personal jurisdiction is still required for alimony, child support, attorney fees, and marital property outside Georgia. Divorce is the exception, because a state can change the marriage status of a spouse living within its borders even though the other spouse is absent.
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!