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Can I file for divorce in Georgia?

Columbus, GA |

I'm stationed here in GA and have been here about 7 months. My husband was stationed here for over two years, but just PCSd overseas. Can I file here? I know one of us has to be stationed here for a year to file, but does his residence count even though he's overseas? If not, do I just have to wait months before I can file?

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Attorney answers 3

Posted

Unless there are facts that have not been disclosed, you can file here: You have to live in Georgia for six months prior to filing a divorce here, not a year. Just be able to prove the six months.

Good luck.

You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Posted

No longer lives here, you cannot use his residency for filing the divorce. If you are stationed here on military base, you will need to be here for 12 months before you are eligible to file, unless you elected to become a Georgia resident when you came here and have been here for more than six months.

Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.

Asker

Posted

I'm not a Georgia resident. So just to be clear, because my husband is overseas and I haven't been here a year, I can't get a divorce for another 5 months?

David A. Canale

David A. Canale

Posted

If you are not a GA resident for military purposes, then you need to be here for a year. David A. Canale, Esquire The Law Firm of Pugh, Barrett, Canale & Leslie, L.L.C. 288 Lawrence Street Marietta, Georgia 30060 Telephone (770) 420-7005 Cell (678) 467-2421 Facsimile (770) 427-2384 Internet and Email Address www.pbcl-law.com dcanale@pbcl-law.com THIS TRANSMISSION IS BEING SENT FROM AN ATTORNEY OR LAW FIRM TO AN INTENDED RECIPIENT. THIS IS A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE PERSON ADDRESSED IN THIS COMMUNICATION OR YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE SHRED THIS DOCUMENT AND CALL THE SENDER AT (770) 420-7005

Posted

The key is whether either of you actually declared Georgia residency (in his case he has to have declared actual legal residence in Georgia and not changed that after he left the state on duty, and you could file based on his actual legal residence still being Georgia). Then your time period is six months. If you sole basis is being stationed here, then you have a 12 month period and need to wait 5 months.

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