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How Do I Know Where to File for Divorce?

In order to file for divorce in the state of Georgia, either you or your spouse (or both) must have been a resident of Georgia for at least six months. If both you and your spouse live in the same Georgia county, you will file for divorce in the county in which both of you live. If you and your spouse live in two different Georgia counties, then you should file for divorce in the county in which your spouse lives. However, if your spouse recently (within the last six months) moved to another county and had previously lived in the same county in which you live, you should file for divorce in the county in which you live.

The situation may get more complex if you and your spouse live in different states (or even different countries).  As long as you have lived in Georgia for six months, you can file for divorce in the Georgia county in which you live, even if your spouse lives in another state (or country).  However, if there is an interstate dimension to your case, and you and your spouse have minor children together, the situation can quickly get more complex, particularly if you are facing a custody dispute. In that case, it is essential that you contact an experienced Georgia divorce lawyer to ensure that you are following all of the requirements and laws with respect to jurisdiction.

If you have questions about where to file your divorce case, whether the court has proper jurisdiction over your spouse, or any other aspect of your case, the Shaw Law Firm can assist you. We will evaluate your situation and advise you of our proposed strategy for your case. We can help you get it right – the first time.

Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.