A Georgia court that can end your marriage cannot necessarily order anyone to pay money.
The Rule
Personal jurisdiction over the defendant spouse is required before a Georgia court can award alimony, child support, attorney fees, or marital property located outside Georgia. In Abernathy v. Abernathy, 267 Ga. 815 (1997), the Georgia Supreme Court held that “a trial court with jurisdiction to grant a divorce cannot award either alimony or attorney’s fees unless it also has personal jurisdiction over the defendant.”
Alimony, Property, and Fees
In Ennis v. Ennis, 290 Ga. 890 (2012), a husband returned to Georgia after the couple separated in Virginia and filed for divorce here, asking for alimony, division of the marital property, and attorney fees. His wife had not lived in Georgia since 2003, owned no property here, and had visited twice. The Georgia Supreme Court held the trial court had no personal jurisdiction over her and “improperly denied Wife’s motion to dismiss the issues related to alimony, division of marital property, and attorney fees.” The divorce itself was allowed to proceed.
Child Support
The same limit reaches support for the children. In Midkiff v. Midkiff, 275 Ga. 136 (2002), a husband stationed in Germany filed for divorce in Spalding County, and the judgment gave him custody and ordered his wife to pay child support. She had never lived in Georgia and was served by publication. The Georgia Supreme Court reversed, holding that the trial court “was not authorized to order Wife to pay alimony for support of the children, as it did not have personal jurisdiction over her.” Older Georgia opinions call child support “alimony,” which is why the quotation reads that way.
So a spouse with no real connection to Georgia may be divorced here and still have to be pursued in another state for money.
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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!