McDonough, GA asked in Divorce and Family Law for Georgia

Q: I was in Ohio, my wife asked me for divorce. I moved to my home in Georgia. Do I divorce in Ohio or divorce in georgia

Can I go back to Ohio or do I have to wait the six months and do it in Georgia?

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2 Lawyer Answers
T. Augustus Claus
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A: When faced with a divorce situation where you and your wife are in different states, the choice of where to file for divorce can depend on residency requirements. Ohio generally requires a residency of at least six months before filing for divorce. If you have not met this residency requirement in Ohio, it may be challenging to file for divorce there immediately. On the other hand, Georgia has its own residency requirements, typically requiring you to be a resident of the state for six months before filing for divorce. If you have established residency in Georgia, you may consider filing for divorce in that state.

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

A: Where you file will depend on where you are a resident and what type of divorce you are filing. Regardless of where you are a resident, if your divorce is contested, you should file where the defendant lives. If your divorce is uncontested, then you can file where you live and make sure everything is properly signed and filed in your county. Therefore, you need to decide if this divorce is contested or uncontested and where you are a resident, by the laws of that state.

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