A Georgia divorce judgment entered by a court that had no jurisdiction over the case is void, and a void judgment is a nullity rather than a mistake.
What Makes a Judgment Void
In Murphy v. Murphy, 263 Ga. 280 (1993), the Georgia Supreme Court held that the phrase “void on its face” in OCGA 9-11-60(a) means “those judgments which lack either personal or subject matter jurisdiction.” OCGA 9-11-60(f) allows a judgment “void because of lack of jurisdiction of the person or subject matter” to “be attacked at any time,” and puts everything else on a three-year clock.
No Marriage, No Jurisdiction
In Lockhart v. Lockhart, 211 Ga. 482 (1955), a Chatham County judge found the parties had never been married, by ceremony or at common law, and then awarded the plaintiff alimony for a child’s support. The Georgia Supreme Court held the judge “was without jurisdiction to award alimony,” so the judgment was void and open to attack even in a later contempt proceeding.
No Residence, No Jurisdiction
In Midkiff v. Midkiff, 275 Ga. 136 (2002), a soldier stationed in Germany changed his military “home of record” to Spalding County, where his parents had moved, and filed for divorce there. He had never lived in or even visited the county. Because he had not been a Georgia resident for the six months OCGA 19-5-2 requires, the Georgia Supreme Court held the decree had to be set aside, and the custody and support awards fell with it.
This Defect Cannot Be Agreed Away
Under OCGA 15-1-2, parties “may not give jurisdiction to a court by consent, express or implied, as to the person or subject matter of an action.” A missing element of personal jurisdiction can still be waived. A missing element of subject matter jurisdiction cannot be waived by anyone.
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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!