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12-14-2006, 01:01 PM
| | Junior Member | | Join Date: Dec 2006 Location: SC/GA
Posts: 15
| | | Need Info On Matter
What is the name of your state? South Carolina
ok, so my estranged hubby and I both live in SC currently.. but due to where i'm moving to in a week, and SC's very strict divorce law's, I have been researching filing from GA..
I have learned so much doing my own legwork, talking to people.. I however, can not find one pertinent piece of info.. and I am in limbo till I know the answer..
Anyone know the answer themself? or where I can find out??
*if I live in GA and file, he's in SC, can i still file from GA*?? would so appreciate any help on this.. am driving myself insane trying to do all this research.. and can never find what I really need.. go figure.. lol |
12-14-2006, 01:03 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | | you can file from Georgia, after you have complied with their residency requirements. |
12-14-2006, 01:05 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | | [url]http://www.divorcesource.com/info/divorcelaws/georgia.shtml[/url] |
12-14-2006, 01:09 PM
| | Member | | Join Date: May 2005
Posts: 843
| | | Georgia Filing Requirements: In order to file for a divorce in Georgia, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition. (Georgia Code - Sections: 19-5-5) |
12-14-2006, 02:25 PM
| | Junior Member | | Join Date: Dec 2006 Location: SC/GA
Posts: 15
| | | yes, thank you for the link.. my main concern was about him being served the papers, etc.. when he resides in SC.. he would have no issue's with driving to GA for all court hearings, etc.. just know i will be there, and if can after 6 months, want to file.. sc, i would have to do the year seperation.. not an option.. we are doing this w/o lawyers, there is no property to divide, child in the equation, etc..
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12-14-2006, 02:37 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by SingleMom67  Georgia Filing Requirements: In order to file for a divorce in Georgia, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition. (Georgia Code - Sections: 19-5-5) | Thanks for showing us all that you can cut and paste from the link that I already provided to her. "Don't YOU ever research anything??" |
12-14-2006, 06:52 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 19,148
| | | Are there children involved? If so, you may NOT be able to take them and keep them out of state until your residency is established, if dad objects legally.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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12-14-2006, 09:11 PM
| | Junior Member | | Join Date: Dec 2006 Location: SC/GA
Posts: 15
| | | no... there are no children at all.. we are both in mutual agreement about everything pertaining assets, personal property, etc.. (have even already both filled out the MSA and financial declarations) i'm just trying to find out about being able to file from GA, when he (defendant) resides in SC.. i know i must be a resident for 6 months in GA, that's not the issue.. issue is, i file with county courthouse in GA, him being able to be served, etc.. when he reside's 130 miles away.., someone told me that the law will find you wherever, but if i know that he can be served down here, while i'm there, then i am golden.. |
12-15-2006, 12:27 AM
| | Senior Member | | Join Date: May 2005
Posts: 7,062
| | Quote:
Originally Posted by KParrish no... there are no children at all.. we are both in mutual agreement about everything pertaining assets, personal property, etc.. (have even already both filled out the MSA and financial declarations) i'm just trying to find out about being able to file from GA, when he (defendant) resides in SC.. i know i must be a resident for 6 months in GA, that's not the issue.. issue is, i file with county courthouse in GA, him being able to be served, etc.. when he reside's 130 miles away.., someone told me that the law will find you wherever, but if i know that he can be served down here, while i'm there, then i am golden.. | If you both get along reasonably well and are in agreement on the divorce settlement, he could simply fill out a waiver of service. Quote: |
Georgia Code § 9-11-4 allows for either waiver of service, personal or residence service.
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12-15-2006, 12:49 PM
| | Junior Member | | Join Date: Dec 2006 Location: SC/GA
Posts: 15
| | | ceara, thank you!! this is what im trying to find out.. you're a godsend..
Georgia Code § 9-11-4 allows for either waiver of service, personal or residence service.
could you possibly send me a link to where you found this at? i am so lost on terminology sometimes.. so basically that code is stating that if he signs a waiver, he doesn't have to be served?? confused... lol
i need that waiver then... |
12-15-2006, 01:06 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by KParrish ceara, thank you!! this is what im trying to find out.. you're a godsend..
Georgia Code § 9-11-4 allows for either waiver of service, personal or residence service.
could you possibly send me a link to where you found this at? i am so lost on terminology sometimes.. so basically that code is stating that if he signs a waiver, he doesn't have to be served?? confused... lol
i need that waiver then... |
[url]http://www.legis.state.ga.us/legis/GaCode/?title=9&chapter=11§ion=4[/url]
scroll down towards the bottom of the page, there are several type written forms including the waiver of service |
12-15-2006, 03:23 PM
| | Junior Member | | Join Date: Dec 2006 Location: SC/GA
Posts: 15
| |  thank you... thank you both... so glad i was able to find this forum..
my number one problem/question was solved within two days...
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12-15-2006, 03:25 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by KParrish thank you... thank you both... so glad i was able to find this forum..
my number one problem/question was solved within two days...
| glad we could help!!!! Good luck. | |
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