Legal Question in Family Law in Georgia
Divorce
I'm currently a Georgia resident, and have been for 6 months now. My wife still is a virginia resident where all our assets are located. Do I need to fill in Virgnia or georgia? and what are the setbacks?
2 Answers from Attorneys
Re: Divorce
You can likely file in Georgia if the case is uncontested. If the case is contested, the answer is complex and I'd need more information. Please feel free to call my office to discuss this.
Re: Divorce
I assume you are asking where do you file. You have to file in the county where the defendant lives, so if she lives in Virginia you would file there. If she files against you, she would file here. The exception would be if one of you would submit voluntarily to the jurisdiction of the other court. Unless it's uncontested, that probably won't happen. Other attorneys may disagree, but since the assets are in Virginia it would probably be better if you file there. Sometimes there are some documents you need to file to protect real property interests and other considerations. You need to contact an attorney in Virginia if you intend to file there. There are many legal considerations in a divorce and if there are assets you need an attorney.