Do I Meet the Residency Requirements for a Georgia Divorce?

It is a common misconception that you have to file for divorce in the same state in which you were married. Typically, most divorce cases are filed in the county in which the filing spouse resides, but residency requirements may make filing the divorce a bit tricky if you have not resided in the state for very long. If you are the filing spouse, you should make sure that you meet Georgia residency requirements to avoid dismissal or denial of your Georgia divorce case.

What Residency Standards Apply in Georgia

As we mentioned above, in order for a Georgia Superior Court to hear a divorce case, the residency standards (Georgia code § 19-5-5) must be met. (Only Georgia Superior Courts can grant divorces in the state of Georgia.) If the residency standards are not met, the court will most likely deny or dismiss your divorce petition because the court does not have the jurisdictional right to proceed with the divorce. The Georgia residency requirements for divorce are:

At least one of the parties in the divorce must have been a bona fide resident of the state of Georgia for a minimum of six months before filing for divorce.
If you are in the military, you can file a divorce petition in any county in Georgia that surrounds the military base.

If you are not a current resident of Georgia, but your spouse has been a Georgia resident for at least six months, you can file a divorce petition in the county in which your spouse lives. Do not be afraid to contact an attorney with any questions you may have to ensure that you are making the right decisions in order to obtain a divorce in the future.

What if I Do Not Meet Georgia Residency Requirements for Divorce?

If you do not meet the strict six-month residency requirement in Georgia, it does not mean that you cannot file for divorce. Some options that may apply to your situation include:

Taking the time to establish residency in Georgia while you focus on saving money for a divorce and obtaining necessary paperwork.
If your spouse meets the residency requirements in Georgia, you could ask him or her to file for the divorce.
File for the divorce in the state in which you do meet residency requirements. Since every state has its own unique laws pertaining to divorce and residency, you should check with the state in which you currently reside.

Remember that if your spouse meets the residency requirements for Georgia, you can file the petition for divorce in the county in which your spouse resides. Only one spouse needs to meet the residency requirement for the divorce petition to be valid.

Do You Need Legal Advice

If you are contemplating filing for divorce and you have questions pertaining to the residency requirements in Georgia, the experienced family law attorneys at Vayman & Teitelbaum are prepared to help you. We will ensure that your Georgia residency is properly pled and proven to keep your divorce petition on track. Contact us today at 678-736-7700 today for your case evaluation.

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   James Gilbey 
 23 days ago
 
 
 Trustindex verifies that the original source of the review is Google. If you’re looking for a divorce lawyer who combines the grit of a prizefighter, the patience of a kindergarten teacher, and the bedside manner of a seasoned therapist, Brianna Moscowitz is your person.

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If you’re in the market for a legal team that fights smart, listens well, and shows up with both integrity and empathy—this is where you want to be. Highly, wholeheartedly, five-stars-with-an-extra-gold-sticker recommend.
  
 
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   Wan Williams 
 38 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely Outstanding Representation!

Vayman and Teitelbaum went above and beyond in handling our case. Stephanie Weil provided amazing, professional, and detail-oriented service throughout the entire process. I felt supported every step of the way and truly appreciated the level of care and attention given to our case.

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   Christopher Brown 
 59 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Leah was great! She picked up my case and came through in helping me win! She remained professional throughout, and even patiently put up with all of my questions. Thank you! Edit: And it has been confirmed the other side in this old case submitted fabricated text message conversations,  could have gotten way more from them. Edit 2: New evidence suggests the other side even made fake domains, for fake emails to use in civil court. Stay Vigiliant!
  
 
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 99 days ago
 
 
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 119 days ago
 
 
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 176 days ago
 
 
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 176 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Leah Zammit was the lawyer that support me getting my documents done, she is the most efficient and kind person that I could find. I’m very grateful to work with her and the firm.
  
 
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   John Bryant 
 202 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I am very happy with my representation from Amanda and her team. My divorce ended up being a little more complicated than was anticipated and their guidance and helping me keep a level head was critical to a resolution. I definitely recommend them if you are in need of legal representation.
  
 
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 264 days ago
 
 
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   Stephanie Gill 
 268 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I've had a wonderful experience working with Andrea Johnson and her wonderful team through a very difficult personal matter. They are very knowledgeable and were always a call or email away. They responded immediately to any question I may have had. I would definitely work with Mrs. Andrea Johnson and her team should another court matter arise. Thank you so much for caring for my family and helping us keep them safe. ❤️