Voiding a divorce decree

What is the name of your state (only U.S. law)? Georgia

At the time of my divorce in May, if my attorney did not file a change of venue (I live in one county, my husband in another, but our divorce was filed in neither of those counties) could the decree be voided?

If so, what steps would need to be taken to void it?

kelliebegonia said:

What is the name of your state (only U.S. law)? Georgia

At the time of my divorce in May, if my attorney did not file a change of venue (I live in one county, my husband in another, but our divorce was filed in neither of those counties) could the decree be voided?

If so, what steps would need to be taken to void it?

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Was either of you a resident of the county at the time the divorce was filed? If so, the divorce is probably valid.

If neither of you was a resident of the county at the time of filing, why was it filed in that county in the first place? And who was the one who filed?

mistoffolees said:

Was either of you a resident of the county at the time the divorce was filed? If so, the divorce is probably valid.

If neither of you was a resident of the county at the time of filing, why was it filed in that county in the first place? And who was the one who filed?

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Its still going to be a valid divorce. If neither party objected to an incorrect venue at the time, that does not void the divorce. It might possibly allow a property division or custody to be reopened, but it wouldn't void the divorce itself.

Typically incorrect venue needs to be contested at the beginning of the suit, just like lack of personal jurisdiction (if one wants to prevent a hearing on the merits). Failure to properly contest either at the beginning of the suit constitutes acceptance of the venue/jurisdiction. (If no answer is filed, personal jurisdiction can still be contested to void the judgement, however, if that fails, the judgement already rendered will apply.)

Courts don't necessarily like improper venue (possibly because those filing in an improper venue aren't taxpayers in that venue), but all in all, it really is minor.

Presumably the courts in two different counties are operating by the same set of law and precedent, only the local court rules (and the judges themselves) differ.