Guyton, GA asked in Family Law and Divorce for Georgia

Q: Can I separate from my husband to another state without a legal document in place?

No children under 18, prior physical abuse, current verbal, financial and mental abuse. Can I leave without a document in place to another state and file for divorce there after establishing residency?

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: You can move wherever you want. However, your husband may choose to file in Georgia and the case can proceed here. Each state has different residency requirements, so if he doesn't file, you need to contact an attorney in your new state.

Alake Colwell Furlow
Alake Colwell Furlow
  • Dacula, GA
  • Licensed in Georgia

A: Typically a divorce should be filed in the state and county where the Defendant resides. If you establish residency in another state and file for divorce, since it sounds as though this won't be uncontested, your spouse can respond and challenge jurisdiction and venue. Because the divorce should be filed where your spouse resides, if you're the one filing, and it is a contested divorce. An uncontested divorce is when the parties sign all of the proper paperwork prior to filing and file as an uncontested divorce.

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