Residency Requirements
In Georgia, when spouses live in different counties, or if one spouse lives in Georgia and one lives out of state, there are specific rules which govern where the divorce action must be filed. Georgia law states that no court shall grant a divorce to any person who has not been a resident of this state for six months before the filing of the Petition for Divorce.
If One Spouse Lives Outside Georgia
An exception to the residency rule is that a nonresident may file a Petition for Divorce, in the county of the residence of the Respondent, against any person who has been a resident of Georgia, and of the county in which the action is brought, for a period of six months prior to the filing of the petition. If both parties have resided in Georgia for more than six months, the Petitioner must file the divorce action in the county in which the Respondent resides, even if the Petitioner does not live in that county.
So, if the Petitioner resides in Fulton County and the Respondent resides in Cobb County, the divorce action must be filed in Cobb County. If the Petitioner resides out of state and the Respondent has resided in Georgia for at least six months, the divorce action must be filed in the Georgia county in which the Respondent resides.
If the Petitioner resides in Georgia and the Respondent resides out of state, the divorce action should be filed in the state in which the Respondent resides. Although Georgia courts do not have personal jurisdiction over a Respondent who resides outside of state, a Petitioner who files for divorce in the Georgia county where he/she resides may obtain a legal declaration of divorce as well as a division of any real property which is located in Georgia.