Legal Question in Family Law in Georgia

I live in Henry county ga and my ex wife lives in worth county ga. If I file for a divorce what county do I have to file in and why

Asked on 8/16/13, 4:30 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office

You can't sue an ex-wife for divorce since you're already divorced from her. However, if you have a current wife, Georgia law requires you to file in the county where she resides. There is one exception - if both parties sign a waiver of venue (no, courts don't have a form for this, but lawyers know how to draft one), the case can be filed where you are as well. This is commonly done in uncontested cases. There are pros and cons depending on details we do not have.

Feel free to call me at 404-768-3509 with details. Regardless of the details, you need counsel.

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Answered on 8/16/13, 4:52 pm

Tahira Piraino Tahira P. Piraino

Georgia law requires you to file in the county the "defendant" resides in unless she waives jurisdiction to have the action resolved in the county of your residence. I suggest you speak with a family law attorney.

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Answered on 8/17/13, 5:53 am

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