we lived in GA the entire time 4 years. Wife desserted household using false explanation.
Since then appled for DSS and services and has an adavantage. her 3rd marriage - both divorces in that county out of state.
She went back to her home in another state as she knows people in DSS and county court. her best friend paralegal coaching her to use the system to my harm.
Someone (in the clerk of courts office) measuarbly altering the dates of submission of support to place me in danger of contempt. Found in contempt over 49$. despite all efforts to pay and suspect I never owed the 49$. Summons: show to cause stated I owed 645$. but upon arrival ballif everyone suprised I was called out of state miss work over what now showed as 49$
Found in contempt ,Sentence suspended. Judge did not look at my eveidence "at all". Couldnt afford representation.Other tricks and games as this town is notorious for using child support and giving property away to women. (all measurable-her sister did same to husband in minnesota in 2005, so did her other sister-same town,her daughter uses the system also, same town. They write letters to Judges demanding money and claims against the men. After reading SC divorce rules which say I can divorce in county of original residence, I want to divorce in the county in which we resided to get a fair shake (GA). Shes working on divorce there. Sure she'll be awarded all she asks for.(SC). She deserted while I was impoverishered, taking child out of state. 1 years while unemployed and facing astounding debts and foreclosure. Now two +years later, no access still to Son,-I have been paying support and left all bills and damages. while she sends me vacation pictures. Question: can I still divorce her in GA, rather than face the SC county, where I am sure I will be mistreated? Finally have funds to divorce, but no lawyer in "that town" will/has replied to my requests for representation.
A person seeking to dissolve his or her marriage can file a petition for divorce in Georgia if, as an initial matter, he or she has been a bona fide resident of Georgia for six months prior to the filing of the divorce petition.
The Georgia Supreme Court has held that personal jurisdiction over the defendant is not a prerequisite to the grant of a divorce by a Georgia Court. However, personal jurisdiction over the defendant is required if the petitioner (which would be you if you were the one filing for divorce) is seeking other relief, such as alimony, attorney's fees, or division of assets outside the state.
If a petitioner is simply looking to dissolve the marriage, he or she need only show that the trial court has jurisdiction over the “res of the marriage” - the "res" being a matrimonial domicile in this state for the six-month period preceding the filing of the divorce (OCGA § 19-5-2). The Court can also render a judgment “in rem” with respect to the marital property located within its territory (within Georgia).
However, before a trial court with jurisdiction to grant a divorce can divide assets located outside the state, or grant an award of alimony or attorney's fees, it must have personal jurisdiction over the defendant. If a defendant resides out of state, personal jurisdiction can sometimes be obtained through the “Long Arm Statute.” .
The Long Arm Statute (OCGA Section 9-10-91) allows for jurisdiction over the defendant with respect to proceedings for divorce, if the parties maintained a matrimonial domicile in Georgia at the time of the commencement of the divorce action or if the defendant resided in Georgia preceding the commencement of the action, even if the parties were not residing together during that time.
If the parties do not have a matrimonial domicile in Georgia at the time of the commencement of the divorce action or if the defendant does not reside in Georgia preceding the commencement of the action, then an action seeking alimony, division of property located outside the state, and/or attorney’s fees would have to be filed in the county in which the defendant resides, pursuant to Article VI, Section II, Paragraph I of the Georgia Constitution.
As for custody, effective July 1, 2001, under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), one basis for a Georgia court's exercise of jurisdiction over an initial custody determination is that Georgia is the "home state of the child on the date of the commencement of the proceeding." OCGA § 19-9-61(a)(1) and OCGA § 19-9-41(7). The UCCJEA, however, does not give the Court personal jurisdiction over child support, divorce, alimony, or contempt matters.
If you are just looking to dissolve the marriage, you can
Ikemesit Amajak EyoFamily Law AttorneyAlpharetta, GA ·
Your "question" is more of a diatribe of complaints about the SC judicial system as opposed to providing an explanation of your question. As much as I recognize (and agree with you) about SC's family laws, I could not keep reading your question. Thus my answer pertains to general laws regarding venue and jurisdiction as opposed to being specific to your question.
You can only file a complaint for divorce in the county where you live if your wife moved to another state within the last 6 months. Per GA law (GA Constitution, Article VI, Section II, Paragraph I), "Divorce cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and provided, further, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation." Similarly, GA will only be able to determine child support if the child(ren) for whom support is being determined either lives in the state, or just moved from the state within the past six months. If your wife moved more than six months ago, or if she lives in GA, then you may only file an action in the state and county where she currently lives.
Good luck securing your relationship with your child.
~ Kem Eyo
