The spouse who files for divorce carries the burden of proving Georgia residency.
What the Filing Spouse Must Show
In Emerman v. Hetherington, 363 Ga. App. 708 (2022), the Court of Appeals stated the rule: “The party filing for divorce bears the burden of establishing compliance with the residency requirement, and he may do so by showing that he maintained actual residence in Georgia during the relevant time and that he had an intent at that time to remain in Georgia indefinitely.”
So it is two showings, not one. You lived here, and while you lived here you meant to stay.
You Are Entitled to Put On Evidence
Emerman is worth knowing for what happened procedurally. The husband filed in Coweta County and alleged he had been a Georgia resident for the six months before filing. His wife moved to dismiss, arguing the couple had never lived in Georgia and had last lived together in Scotland. The trial court held a hearing but limited it to legal argument, took no evidence, and then found that the husband had “neither identified nor provided any evidence in support of his claim to be a bona fide resident.”
The Court of Appeals vacated that ruling. Because the husband was never allowed to offer his driver’s license, his lease, and his rent checks, the trial court’s finding was premature. The case was sent back for an evidentiary hearing.
Once the Judge Rules, the Finding Is Hard to Undo
Residency is decided by the trial judge as a question of fact. As the Georgia Supreme Court said in Black v. Black, 292 Ga. 691 (2013), “[s]o long as any evidence appears in the record to support these findings, we must accept them.” Bring your proof to the hearing.
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!