Determining where to file for divorce is complicated. Any number of factors can determine the correct jurisdiction, depending on the type of action you are filing. Here are a few examples:
- If you separate and your spouse moves two counties over, you must file in the state and county in which the marital residence was located. However, if your spouse stays in the other county for more than six months, you must file a suit in that county.
- In child custody cases, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines the jurisdiction.
- If you get divorced in Georgia, then you move to Texas and your ex-spouse moves to New York, for instance, Georgia still retains jurisdiction. This will have a particular effect upon requests for modifications, enforcement and other future concerns.
The bottom line is that you need to discuss your particular situation with a lawyer. Because the correct jurisdiction is dependent on so many factors, it takes an attorney with dedicated experience in family law to advise you best. At The Siemon Law Firm, we have that experience. Our attorneys practice family law exclusively, giving us the detailed knowledge you seek.
If you have questions about where to file for a divorce in Georgia, count on The Siemon Law Firm. Call 770-884-7067 today and schedule a consultation with one of our experienced and compassionate family law lawyers. We're conveniently located, with offices in Alpharetta, Atlanta and Cumming, GA.
What Happens If I File In The Wrong Jurisdiction?
If you attempt to file in the wrong Georgia County, the clerk's office may realize the error and not accept your complaint for divorce. Or, the clerk's office may not notice, which means you may become deeply involved in the divorce proceedings before a competent lawyer gets involved and realizes the court does not have the jurisdiction to hear the case. This can result in the case being dismissed after you have already invested a significant amount of time and money into it.
In the worst scenario, you could end up with a divorce decree that is unenforceable. Five years down the road you may discover that the decree can be set aside as invalid.
Learn More In A Confidential Consultation
When you choose to work with The Siemon Law Firm, you can count on extensive face-to-face contact with a divorce lawyer who will listen, offer solid information and guidance, and be constantly prepared to take decisive action aligned with your goals.
Schedule a confidential consultation with one of our attorneys by calling us at 770-884-7067 or contact us by email today.