You can file for divorce in Georgia without living here, as long as the spouse you are suing does.
What the Statute Says
The six month residency requirement in OCGA 19-5-2 ends with a proviso: “a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.”
So the six months shifts to the other side of the case. Your spouse must have lived in Georgia, and in that particular county, for six months before you file.
A Court Got This Wrong and Was Reversed
Mbatha v. Cutting, 356 Ga. App. 743 (2020), is a good illustration. The husband was an attorney living and working in Johannesburg, South Africa. The wife had flown to Georgia to be with her parents for the end of her pregnancy and stayed. He filed for divorce in the Superior Court of Forsyth County, where she was living.
The trial court held it had no jurisdiction over his divorce claim because he had not resided in Georgia for six months. The Court of Appeals quoted the nonresident proviso and held that “the trial court erred in determining that it lacked jurisdiction over his claim for divorce.”
The County Matters
Read the proviso closely. It does not let a nonresident file anywhere in Georgia. The action goes in the county where your spouse lives, and your spouse must have been a resident of that county, not merely of the state, for the full six months.
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!