Kingsland, GA asked in Family Law for Georgia

Q: can my ex husbandwho lives in ny take me to court in ny even though i live in ga

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3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Answered

A: Typically, a case must be filed in the county of the defendant's residence. However, there are some cases where subsequent cases are not brought in the defendant's place of residence. You should consult with an attorney to discuss your specific situation.

Homer P Jordan IV agrees with this answer

A: So I'm guessing this is either a contempt action or a modification action. You don't mention a child, so my best bet is contempt related to real property or retirement assets. If the location of the marital residence was in NY, then NY typically retains jurisdiction in a divorce for enforcement purposes. At any rate, you should consult with an attorney in NY, in particular before you are personally served in GA.

If the issue involves a child, if you are the primary parent, then consult with a GA attorney. If the child lives in NY, then consult with a NY attorney.

Homer P Jordan IV agrees with this answer

A: There are facts to your case that would need to be reviewed in detail in order to provide a thorough response. You should consult with an attorney so they can review the facts and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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