Legal Question in Family Law in Georgia

My spouse and I were married in New York. We have since been separated for over a year and I moved, and gained residency in Georgia. Have been a resident for over a year as well. I would like to file for a divorce. Can I do that in my own county? Does my spouse have to sign for personal jurisdiction before I can file or because I have lived in Georgia for over a year am I able to file here? If my spouse does have to sign for personal juridiction and won't, how will I be able to proceed with the divorce?


Asked on 9/12/14, 8:01 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The question is not can you file in Georgia (it appears you can) but should you? If he consents, the answer is often an obvious yes. If he won't consent, the answer is maybe, as a court may be able to do some things (divorce) but lack jurisdiction over children, money and property. This is not an issue that has a one size fits all answre and depends on specific facts and you will not get a definitive answer online. You have to sit down with a lawyer, and those details.

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Answered on 9/12/14, 8:24 pm


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