Dahlonega, GA asked in Divorce for Georgia

Q: If I am moving out of state in 3 months, but want to file for divorce, where should I file?

My husband is active duty military and will be moving to another state as well. I am not sure if I should wait to file in the state I am moving or if it would be best to begin the process here.

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3 Lawyer Answers

Regina Irene Edwards

  • Lawrenceville, GA
  • Licensed in Georgia

A: You file where you currently live.

Homer P Jordan IV agrees with this answer

P. Justin Thrailkill

  • Fayetteville, GA
  • Licensed in Georgia

A: It's your decision, and is really a matter of convenience to a degree. If he is military, he has a state that is listed as his home state. You can file there as well as here, or you can wait until he obtains residency elsewhere and file there. It really just depends on where each of you are going, where that is in relation to Georgia, and where his home state is. You will need to get back here for hearings, so, if that is an issue, you might need to wait.

Homer P Jordan IV

  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, you should file where you currently live. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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