Can You Get Divorced in Georgia if You Were Married in South Carolina?

By Beverly Bird

Where you get a divorce doesn't depend on where you got married. It depends on where you live at the time you file. The state where you file must have jurisdiction over your matter to grant you a divorce, and this is legally achieved if you live there. You can also usually file in the state where your spouse resides.

Georgia Residency Requirements

Georgia requires that you live in the state for at least six months before you can file for divorce. If you and your spouse relocated to Georgia together, or if you moved there on your own after you separated, one of you must be a resident for six continuous months before you can file. This means you can’t live in Georgia for six months, return to South Carolina, then go back to Georgia. The six months must lead up to the date you file. If you're living in Georgia because you’re stationed on a military base there, you must wait a year.

Proving Residency

When you complete and sign your complaint for divorce, you attest under oath that you’ve lived in the state for six months. This is usually enough for the court. However, if you spouse contests the divorce by saying that you haven’t lived in Georgia that long, or if he alleges that you really still live with him in South Carolina, a judge might ask you for additional proof of your residency. You can provide this with a Georgia’s driver’s license, proof of employment or by establishing a relationship with a local physician or medical care provider. The more kinds of proof you have, the better.

Divorce is never easy, but we can help. Learn More

Effect on Divorce Grounds

Georgia recognizes no-fault divorce, so you can file on grounds that your marriage is irretrievably broken after you’ve lived there for six months. There is no waiting period if you want to use this option. However, you might have to wait a little longer to file for divorce if you use other grounds. For example, if you want to file on grounds of desertion because you and your spouse moved to Georgia together, then he abandoned you, he must remain gone for a period of a year before you can file.

Other Options

If you have not lived in Georgia for six months and you don’t want to wait to establish residency so you can file for divorce, you may have another alternative. If your spouse stayed behind in South Carolina, if he still resides there and that was where you lived when you were married, you can also file for divorce in that state. You don’t have to personally live in South Carolina to file for divorce if your spouse has resided there for at least a year.

Divorce is never easy, but we can help. Learn More
Who Files for Divorce If the Husband Leaves?
 

References

Related articles

Jurisdiction Issues in a Texas Divorce

Texas requires anyone who files for divorce in the state to meet both state and county residency requirements. Since there are 254 counties in Texas, be sure that you file in the correct location, especially if you have recently moved. If you file in the wrong county, the court will not have jurisdiction, which means it does not have the power to hear your case or the authority to issue a final decree of divorce.

How to File Your Own Divorce Papers in Louisiana

Filing for divorce in Louisiana can be simple or complicated, depending on whether you know the whereabouts of your spouse. If you don't, you'll have to take extra steps. Otherwise, the procedure is relatively straightforward.

How Long After a Separation Can You Obtain a Divorce?

If your state accepts separation as grounds for divorce, this is one of the easiest grounds on which to file, because it is usually indisputable. In most cases, one spouse stays in the marital residence and the other moves elsewhere. You don’t have to go to excessive lengths to prove your spouse guilty of any particular misconduct. However, you can’t separate and file for divorce a week later. All states require that you remain separated for a while before you can file.

Get Divorced Online

Related articles

How to File for a Divorce in Maryland When One Party Is out of State

Filing for divorce when your spouse is out of state depends on two factors. You must have legal residence in the state ...

The 12 Grounds for a Divorce in Mississippi

Mississippi recognizes 12 fault-based grounds for divorce, and if you choose to file for divorce on one of these ...

What Does Georgia Require for a Divorce?

You can file for divorce in Georgia as long as you or your spouse has lived in the state for at least six months. If ...

Tennessee Divorce After Desertion

Tennessee recognizes a total of 13 different fault grounds for divorce, some of them quite creative. The state also ...

Browse by category
Ready to Begin? GET STARTED