How Long Must You Live in Georgia Before Filing for Divorce?
Before filing for
divorce in Georgia, it's important to understand the residency requirement.
Under Georgia law, at least one spouse must be a bona fide resident of the
state for a minimum of six months prior to filing. The court cannot grant a
divorce unless this condition is met.
The term "bona fide
resident" refers to more than just living in Georgia. It means establishing a
domicile. Domicile involves both actual residence in the state and the intent
to remain there indefinitely. Simply staying in Georgia temporarily does not
satisfy the requirement unless the person intends to make Georgia their permanent
home.
Exceptions for Nonresidents and Military Members
There are a few
exceptions to this general rule. A nonresident may file for divorce in Georgia
if their spouse (the respondent) has been a resident of the state and county
where the case is filed for at least six months prior to the petition.
For members of the
military, Georgia provides additional flexibility. A service member may file
for divorce in Georgia if they have lived on a U.S. military post or
reservation within the state for at least one year before filing.
Determining Domicile and Intent to Remain
As mentioned above, establishing
domicile requires more than just living in Georgia. The person must also intend
to stay indefinitely. This is determined by looking at both actions and
statements which show an intent to make Georgia home.
Some common factors
that demonstrate intent to remain include:
- Declaring an intention to live in Georgia permanently.
- Obtaining a Georgia driver's license or registering to vote.
- Filing state income taxes or securing permanent employment.
Additionally, a
person must show they have abandoned their previous domicile, meaning they've
left their prior home and do not plan to return. A vague or "floating
intention" to possibly move back one day does not prevent the establishment of
a new domicile in Georgia.
The Role of the Court
The question of
domicile is often a mixed question of law and fact. In some cases, a judge may
decide the issue based on clear evidence. In other cases, a jury may determine
whether a person truly intended to make Georgia their home. Once domicile is
established, it is presumed to continue until another domicile is proven.
In summary, to file
for divorce in Georgia, you must show six months of bona fide residency,
supported by both actual residence and intent to remain indefinitely. Regardless
of the status you may fall under, it is important to understanding these rules before
filing your divorce.