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Georgia Divorce Residency Requirements

In order to file your Petition for Divorce in Georgia, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Georgia residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

The divorce is typically filed with in county in which the filing spouse lives. (Georgia Code - Sections: 19-5-5)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Georgia. It is most common that people file for a divorce in the county in which they live. You can also read more about the Georgia residency requirements in the Georgia state statutes located at: http://www.legis.state.ga.us. If you are unsure of whether or not you meet the Georgia residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.