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

Related Topics:
3 Lawyer Answers
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Atlanta, GA
  • Licensed in Georgia

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

Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

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

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.