Riverdale, GA asked in Child Custody, Divorce and Family Law for Georgia

Q: Wife submitted a paper saying her new address is in california. She filled divorce in atlanta Georgia.

Can she get the divorce moved to california?

1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Marietta, GA
  • Licensed in Georgia

A: States usually have a residency requirement of 6 months to a year. You should check with a California attorney on that issue.

The larger and more important issue is her possible violation of Clayton County's standing order. I assume she filed in your county. It doesn't matter, because it is a statewide prohibitation.

More specifically, if the divorce was filed in Georgia and the case is still open, she is prohibited from taking the children out of the jurisidiction without Court permission.

Go the Clayton County Superior Court website and read standing order under OCGA 19-1-1. You should have received a copy of that standing order when you filed for divorce or was served papers for the divorce.

Under that same order, she is also prohibited from removing or selling marital items from the jurisdiction. You need to take action quickly to get your children returned to Georgia (if that is what you want).

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