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Georgia Divorce Venue

Georgia Divorce Venue

Venue for Uncontested Divorce in Georgia

If you’re getting a divorce in Georgia, you might be wondering where to file your paperwork. The important thing to know is that it doesn’t matter where you got married – what matters is where you and your spouse currently live. When you file for divorce, you need to make sure it’s in the right county, or “venue,” within Georgia.

In most cases, the person being sued (the defendant) has the right to be sued in the county where they live. But for divorces, there’s an exception. If the defendant moved from the county where you both lived together within the last six months, you can file in that county instead of the defendant’s current county if the plaintiff still lives in the county where you both lived together.

Why is Venue Important in a Divorce?

It’s important to file in the correct venue, because if the court realizes that neither of you actually live in the county where you filed, they can’t grant your divorce. Instead, the case will be transferred to the correct county.  That causes significant delay (and frustration) in getting the divorce completed.

If you and your spouse agree on the divorce and all its terms (an “uncontested divorce“), you might be able to file in the county where either of you lives. But the decision about which county to choose can depend on a lot of factors – like the policies of the judges or the cost of filing. It’s something you should discuss with your lawyer.  An experienced Georgia divorce lawyer will be able to advise you on the laws affecting divorce venue and some practical considerations if you have a choice of where your divorce can be filed.

Which Court Handles Divorce Cases in Georgia?

The only court that has authority to decide divorce cases in Georgia is the “Superior Court”.  Every Georgia County has its own Superior Court.  So there are 159 Superior Courts in the State of Georgia.

If you’re not sure about venue and how it can affect your case, you can fill out our Client Inquiry form to get more information.