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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I am filing for divorce in Ga. I live in Ohio now and my

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I am filing for divorce in Ga. I live in Ohio now and my husband is a resident of Georgia and has lived there for over 2 years. I plan to send in my paperwork and filing fee tomorrow. By the time of the hearing, though, my husband will have moved out of Georgia as he is separating from the Army and will be moving back to his home state of New York. Will this cause any problems with jurisdiction? He will be a Georgia resident at the time of filing, but not at the time of the hearing. Thank you.
Submitted: 3 months ago.
Category: Family Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 3 months ago.

No ti will not as long as you are still there and a resident of Georgia.

Expert:  RayAnswers replied 3 months ago.

Georgia Filing Requirements: In order to file for a divorce in Georgia, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The 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. (Georgia Code - Sections: 19-5-5)

Here you will be fine to file for divorce and have it heard there in Georgia.

I appreciate the chance to help you tonight.Good luck with the divorce.

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