Legal Question in Family Law in Georgia
What County to file for divorce?
My huband and I got married in
Walton Co GA and now I live in
Gwinnett and he lives in another
county. Our marital residence is
Gwt (I am staying in home). Can I
file for the divorce (uncontested) in
Gwinnett or does it have to be
Walton?
4 Answers from Attorneys
Re: What County to file for divorce?
Assuming you have lived in Georgia for 6 months, you would need to file for divorce in the county where your husband lives.
Re: What County to file for divorce?
Neither. Normally you file where the defendant lives. There is an exception that says that, if he left the marital domicile within six months of the date of filing, you can still file in the county where you live.
Re: What County to file for divorce?
It doesn't matter where you were married. You can file in Gwinnett IF you can prove that he actually lives in the marital residence but is just staying somewhere else for the time being. Consult with a local attorney.
Re: What County to file for divorce?
Unless one of you is in Walton, it cannot be filed there.
Usually you file in the county where he is. You can also file where you are if he waives venue.
My office handles cases in Gwinnett (and about 15 other counties). Feel free to call me with details.
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