Atlanta, GA asked in Divorce and Family Law for Georgia

Q: I live in GA but my spouse I am divorcing lives out of state? Can I file in GA or do I file in that state?

I live in Clayton County, GA but my spouse I am divorcing lives in Texas. We never lived in Clayton County as a married couple but I reside in Clayton County now. We lived in Fulton and Gwinnett counties together. I don’t feel like I have an accurate choice for my venue when i am filling out my divorce paperwork. I am trying to apply the Long Arm Statute but I feel like I will have to file in TX. I have no issue doing that, but I need a concise answer. I consulted two attorneys already that are giving me two different interpretations. I don’t want to waste any more time and/or trying to find the right venue for my case. Any help will be appreciated.

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3 Lawyer Answers
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: It depends on how long she's been in Texas. For example, if she moved last week from Gwinnett County, you can still file in Gwinnett County, but you still have to get her served in Texas. If she moved 6 months ago, you need to file in Texas. I'd suggest talking to an attorney in Texas to see what they have to say if you are getting differing opinions in Georgia.

Kim Ebert and Homer P Jordan IV agree with this answer

1 user found this answer helpful

Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Actually, the correct answer is, you can always file for divorce in Georgia, no matter how long she has left. If there are children, then custody can only be decided in the state where they have lived for the past 6 months, so it makes more sense to file where custody can also be heard. Georgia has determined that you can file for divorce against a non-resident even if that party has never lived in the state.

Homer P Jordan IV agrees with this answer

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

A: I can understand your frustrations on this matter, but it largely comes down to the length of time the person has been in Texas, rather than in Georgia. You can still file here in Georgia, but as my colleague mentioned if there are child custody issues then it will need to take place where they have lived for at least the prior 6 months. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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