Georgia Residency Requirements
The state of Georgia has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Georgia residency 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)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Georgia for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Georgia residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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