Venue in a Georgia domestic case is decided by where the defendant lived on the day the case was filed, not by where they live later.
The Rule
In Viskup v. Viskup, 291 Ga. 103 (2012), the Georgia Supreme Court stated it this way: “[F]or purposes of venue and other jurisdictional questions, a person’s residence at the time of filing of suit is the determining factor … [if] followed by service within a reasonable time.” It added that “[a] change of residence by the defendant after the filing of an action but before trial does not change the proper venue.”
Moving Before Service
The service qualifier matters. In Perry v. Perry, 245 Ga. 298 (1980), a husband filed contempt and modification actions in DeKalb County, and his wife moved to Tennessee before she was served. She was served there about two months later. The trial court dismissed on venue grounds and the Supreme Court reversed, holding that “venue will be determined as of the date of filing as long as service is subsequently perfected upon a defendant within a reasonable time period.”
Close Calls Belong to the Trial Judge
Viskup itself was decided on days. The father sold his home in one county, rented an apartment in another, then contracted to buy a house back in the first county, closing four days after the mother filed. The trial judge found he was still a resident of the second county on the filing date, and that finding stood, because when a court holds a hearing on a motion to dismiss or transfer for improper venue, “the findings of fact are tested by the any evidence rule.”
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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!