Residency Requirements for a Georgia Divorce

Let's assume that you and your spouse have just moved to Georgia and you have just decided to get a divorce. Do you know the Georgia divorce law requirements concerning how long you must have been a Georgia resident before you can file for a divorce here?

Simply put, with some exceptions, Georgia has a six months residency requirement. In other words, Georgia law generally provides, (in O.C.G.A. 19-5-2), that you must be a bona fide resident of this state for six months before the filing of the divorce petition. However, as to soldiers, the residency rule is a little bit different, if you have lived on post. Georgia law generally provides that any person who has been a resident of any United States army post or military reservation within this state for one year next proceeding the filing of the divorce petition may bring the divorce action in any county adjacent to the post or military reservation. Finally, Georgia law generally provides that a nonresident of Georgia may file a divorce petition against a 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, provided that the divorce case must be filed in the county of residence of the Georgia defendant.