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?
Criminal Defense Attorney
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.
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Family Law Attorney
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.
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Divorce / Separation Lawyer
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.