Learn More>>Divorce>>Jurisdiction and Venue

Georgia superior courts have exclusive jurisdiction in divorce, alimony, and child support cases. As a pre-requisitte for granting a Georgia divorce, it must be shown that 1) jurisdiction of the subject matter is proper; 2) jurisdiction over the action is proper; and 3) that venue is proper.

Subject Matter Jurisdiction

Jurisdiction over the subject matter in divorce and alimony cases requires a valid marriage and residence inside Georgia for six months prior to filing the divorce and/or alimony action. To meet the residency requirement, the plaintiff must be a "bona fide" resident of the state for six months befor the filing of divorce. Georgia courts do not require that personal jurisdiction over the defendant exists. Rather, one must show that the trial court has jurisdiction over the marriage which is shown by meeting the six month domicile/residence requirement.

One must understand that "residence" for purposes of obtaining a Georgia divorce means something differnt than just being a resident of Georgia for six months. One can qaualify under a six-month residence requirement by establishing a residence in Georgia, leave Georgi, as long there is the necessary initial residence and an intent to return to Georgia.

Venue

In addition to jurisdiction over the subject matter and parties to a Georgia divorce, the venue (the proper county) must be proper and in accordance with the Georgia Constitution. All actions for divorce must be brought in the county where the defendant resides if he/she is a Georgia resident. If the defendant is a non-Georgia resident, the divorce action must be brought in the county where the plaintiff resides. If the defendant resides in Georgia but has moved from the county where the Plaintiff lived within six months from the date of divorce filing, venue is proper in either count. If a defendant moves from a county where venue was proper when the divorce action was filed, venue remains proper even though the divorce defendant has moved.