A Georgia divorce is filed in the county where the defendant lives – the spouse being sued, not the one filing.
Where the Rule Comes From
Venue in divorce is set by the Georgia Constitution rather than by a statute. As quoted in Thorpe v. Thorpe, 268 Ga. 724 (1997), Art. VI, Sec. II, Par. I provides that “[d]ivorce cases shall be tried in the county where the defendant resides, if a resident of this state,” with an exception allowing suit “in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties.”
The Six-Month Exception in Plain Terms
So if you and your spouse were living together in your county when you separated, and your spouse then moved to another county, you can still file at home – as long as you file within six months of the move. After that the case belongs in the new county.
“Resides” Means Domicile
Domicile is more than an address. Under OCGA 19-2-1(b) it “may be changed by an actual change of residence with the avowed intention of remaining at the new residence,” and “[d]eclaration of an intention to change one’s domicile is ineffectual for that purpose until some act is done in execution of the intention.”
For example, in Stewart v. Stewart, 195 Ga. 460 (1943), the husband filed in Fulton County. Before he filed, the wife had moved her belongings out of Fulton to a DeKalb County house where her brother and sister lived, intending to make it her home, and she went there on her return from California. The evidence demanded dismissal of the entire proceeding.
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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!