Venue for Uncontested Divorce:
Venue for uncontested divorce refers to the proper county within the State of Georgia to hear a particular case. Generally speaking, under the Georgia Constitution, the defendant is entitled to be sued in the county of his or her residence. However, there is an exception for divorces. A divorce may be filed in the county where the plaintiff resides if the defendant has moved from that same county within six month from the date of filing and this county was where the parties lived together at the time of separation. To be clear, the plaintiff is the person who is officially asking the court for the divorce.
But, venue objections can be waived by the defendant by agreement or by failing to properly object to improper venue. In uncontested divorces it is very common for the parties to live in different counties but to agree that the divorce should be completed in the county of the plaintiff instead of that of the defendant.
Venue for uncontested divorce is just as important as it is in a contested divorce. If the court realizes that neither party resided in the county where the case is filed (at the time of filing), it is not proper for the court to grant the divorce. Instead, the divorce case must be transferred to the Superior Court in the proper county.
It is completely irrelevant where the parties actually got married for purposes of venue for uncontested divorce. What is important is where the parties reside when the divorce is filed with the court.
As part of our service in representing divorce clients is to make sure that the divorce is filed in the correct venue (county). If you are not sure where your divorce should be filed, just ask any experienced divorce attorney. Just call our office at (770) 794-3220 or (912) 215-7677 to discuss your concerns about venue in your divorce or any other issues in your uncontested divorce.