You must have been a bona fide Georgia resident for six months before you file for divorce here.
What the Statute Says
OCGA 19-5-2 provides that “[n]o court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce.” The statute contains two narrow exceptions, one for people living on a military post in Georgia and one for a nonresident filing against a Georgia resident.
The requirement runs to the person who files. Your spouse’s residence does not satisfy it for you.
The Six Months Are Counted Backward From Your Filing Date
In Black v. Black, 292 Ga. 691 (2013), the Georgia Supreme Court put it simply: “Aaron filed his petition for divorce on April 13, 2010, so the time for which his domicile mattered with respect to jurisdiction is the six months preceding that date.”
Black was an Air Force sergeant stationed at Robins Air Force Base who had lived in the Warner Robins area since 2000. The trial court found he was “here in Houston County for years and there was an intention to remain in this place for an indefinite period of time,” and the Supreme Court accepted that finding.
Immigration Status Does Not Matter
In Padron v. Padron, 281 Ga. 646 (2007), a trial court dismissed a divorce case on its own after the parties had already settled, ruling that the husband was not a “resident.” The Georgia Supreme Court reversed, holding that “[a] person’s immigration status does not, as a matter of law, preclude that person from establishing residency for purposes of obtaining a dissolution of marriage.”
So the question is where you actually live and intend to stay.
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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!