Jurisdiction In Divorce Cases

| Mar 7, 2013 | Divorce |

Jurisdiction and venue are the legal concepts that determine where a case must be filed. Jurisdiction determines the state and the court that has the power to hear a case. Venue determines the county within the state that has the power to here the divorce.

Within jurisdiction there is subject matter jurisdiction and personal jurisdiction, among others that do not need to be discussed at the moment. Subject matter jurisdiction, for the purposes of this discussion, means the type of case a court can hear. In Georgia, the county superior courts have subject matter jurisdiction over divorce cases and the superior courts of the state you and your husband live in have personal jurisdiction over you.

But, which Superior court in Georgia has the power to hear your divorce? We turn to venue to answer this question. Venue is proper in a divorce case in the county where the defendant resides.

So, the answer is, you can file for divorce against your husband in the superior court of the Georgia county where your husband resides. 

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