I married my current husband in GA, where I was residing at the time. We lived in his residence in TN for 16 months. I moved out and into my own residence for 7 months.
I am now back in GA in my own residence, which I had left to marry him.
Do I need to file for divorce in GA or TN? We were married in GA. There has been no legal separation filed.
3 Answers from Attorneys
You can obtain a divorce in Georgia but the court cannot consider other issues unless your husband agrees to have the divorce resolved here, or he is served within the State. Your husband is not a citizen of the State of Georgia and therefore the Court has no jurisdiction over him. If there are issues to resolve, i.e. children, assets, debts, you are better off filing in Tennessee and having everything decided there. If your husband also wants the divorce, I would talk to him about obtaining an uncontested divorce in Georgia. I would suggest you go over the issues with an attorney before making a decision as to how to proceed.
You cannot file in georgia until you have been here 6 months. Depending on the issues, there may be advantages and disadvantages to either state, so you need to discuss those with a lawyer. If he's agreeable, filing here may be easier.
Plaintiff has to be here six months; defendant has to be a resident of the county. Exceptions apply, so call an attorney who can explain all the problems you can have with jurisdiction and venue. There can be separate issues with children and property in regards to jurisdiction.
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