--- title: Ga. Const. Art. VI, Sec. II, Para. I. Divorce cases. collection: code id: ga-const:art-vi-sec-ii-para-i cite_as: Ga. Const. Art. VI, Sec. II, Para. I canonical_url: https://georgiacommons.org/constitution/ga/art-vi-sec-ii-para-i md_url: https://georgiacommons.org/constitution/ga/art-vi-sec-ii-para-i.md text_url: https://georgiacommons.org/constitution/ga/art-vi-sec-ii-para-i/text source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/2ga-const-(v2)-2016-pdf.pdf?sfvrsn=f5de823e_0#page=1007 date: 2016 status: active corpus_version: 2025-supplement-89aa39ab3c68 license: CC0-1.0 publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/constitution/ga/index.md previous: https://georgiacommons.org/constitution/ga/art-vi-sec-i-para-x.md next: https://georgiacommons.org/constitution/ga/art-vi-sec-ii-para-ii.md index: https://georgiacommons.org/code/index.md omitted: notes omitted_chars: 4604 omitted_url: https://georgiacommons.org/constitution/ga/art-vi-sec-ii-para-i.md?notes=all&start=11788 version: the only printed version in_force: true current_through: Including Acts of the 2025 Regular Session of the General Assembly heading_path: CONSTITUTION OF THE / JUDICIAL BRANCH / VENUE --- # Ga. Const. Art. VI, Sec. II, Para. I. Divorce cases. A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that. 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. (Ga. Const. 1983, Art. 6, § 2, Para. 1; Ga. L. 1990, p. 2430, § 1/HR 585.) ## Cross References Exclusive jurisdiction in the superior court, Ga. Const. 1983, Art. VI, Sec. IV, Para. I and § 19-5-1. Residency requirements, § 19-5-2. ## Editor's Notes The constitutional amendment (Ga. L. 1990, p. 2430, § 1) which rewrote Paragraph I was approved by a majority of the qualified voters voting at the general election held on November 6, 1990. ## Law Reviews For article, ‘‘Current Problems With Venue in Georgia,’’ see 12 Ga. St. B.J. 71 (1975). For article surveying developments in Georgia trial practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 275 (1981). For comment on Musgrove v. Musgrove, 213 Ga. 610, 100 S.E.2d 577 (1957), upholding validity of divorce decree granted in county other than residence of defendant when defendant waived process and consented to trial elsewhere, see 20 Ga. B.J. 548 (1958). For comment on Register v. Stone’s Independent Oil Distrib., Inc., 227 Ga. 123, 179 S.E.2d 68 (1971), see 8 Ga. St. B.J. 428 (1972). ## 1976 Constitution. Art. VI, Sec. XIV, Para. I. ## Impleading of a Third-party defen-Purpose. The purpose of the state constitution’s venue requirement is to protect defendants in divorce actions from having to respond in a foreign, and perhaps hostile court. Williams v. Williams, 259 Ga. 788, 387 S.E.2d 334 (1990). Where a defendant in a divorce action lives outside of Georgia, the action may be brought in the plaintiff’s county of residence. A trial court’s finding that venue over a divorce action was improper in Fulton County was error and was reversed where, although the wife had returned to Britain, the husband continued to maintain his residency in Fulton County. Cooke v. Cooke, 277 Ga. 731, 594 S.E.2d 370 (2004). ## Provisions Not Mandatory or Exhaustive. The provisions of the state constitution relating to venue in divorce cases are neither mandatory nor exhaustive. Williams v. Williams, 259 Ga. 788, 387 S.E.2d 334 (1990). ## Conferring Venue by Consent. Under certain circumstances both jurisdiction of the person and venue can be conferred by consent. Ledford v. Bowers, 248 Ga. 804, 286 S.E.2d 293 (1982). ## Waiver of Objection to Venue. Husband’s affidavit waived any objection to venue in an uncontested divorce proceeding where the husband was a Chatham County resident and the wife was a resident of Clayton County, and they had agreed to obtain the divorce in Clayton County to save money. Williams v. Williams, 259 Ga. 788, 387 S.E.2d 334 (1990). Separation agreement was not ## Waiver of Venue. Husband did not waive the defense of improper venue by signing a separation agreement that purported to settle the rights of the parties but did not contain any mention of venue. Bonner v. Bonner, 272 Ga. 545, 533 S.E.2d 72 (2000). In an action for divorce it is necessary to allege correct venue, as prescribed by this paragraph, and to make affirmative proof thereof. Johnson v. Johnson, 188 Ga. 800, 4 S.E.2d 807 (1939) (see Ga. Const. 1983, Art. VI, Sec. II, Para. I). ## Improper Venue Meant Void Judgment. A judgment of divorce in which the venue was improper was void. Thorpe v. Thorpe, 268 Ga. 724, 492 S.E.2d 887 (1997). To authorize a valid judgment in a divorce action the allegation of venue must be supported by evidence. Stewart v. Stewart, 195 Ga. 460, 24 S.E.2d 672 (1943). Effect of dismissal of divorce suit in another state prior to suit in this ## State on Plaintiff’s Statement of Residency. The pendency of a suit for divorce in another state, which was dismissed only a short time before filing of a suit for divorce in this state, does not disprove the positive testimony of the plaintiff that the plaintiff had been a bona fide resident of this state for 12 months prior to the filing of the plaintiff’s suit. Bellamy v. Bellamy, 187 Ga. 804, 2 S.E.2d 413 (1939). ## Proper Venue. Contrary to the wife’s claim, venue was proper in Houston County because the record showed that the wife gave the marital address as the wife’s place of residence and the residence was located in Houston County. Rymuza v. Rymuza, 292 Ga. 98, 734 S.E.2d 384 (2012). Proper County ## Divorce Must Be Brought in Defendant’s County of Residence. Where both parties are residents of this state, a divorce is invalid unless the suit is brought in the county where the defendant resides. Moody v. Moody, 194 Ga. 843, 22 S.E.2d 837 (1942); Musgrove v. Musgrove, 213 Ga. 610, 100 S.E.2d 577 (1957), commented on in 20 Ga. B.J. 548 (1958). Proper venue when one spouse in ## Penitentiary. Where husband was confined in a penitentiary in a county other than that in which he and his wife resided, the venue was in the latter county. McLeod v. McLeod, 144 Ga. 359, 87 S.E. 286 (1915). ## Venue for Marriage Annulment. As to venue of suit to annul marriage with nonresident, see Cale v. Davis, 135 Ga. 185, 68 S.E. 1101 (1910). not be shifted to another county where the individual has a business, so that the latter county may be the proper venue of a suit against the individual because of a tort committed by the individual’s agents in the county where the tort was committed. Youmans v. Hickman, 179 Ga. 684, 177 S.E. 238 (1934). A decree in a suit brought in a county other than that in which the defendant was a resident is void. Allen v. Allen, 218 Ga. 364, 127 S.E.2d 902 (1962). Divorce suit void for failure to sue ## The Residence of an Individual Canin Defendant’s County of Residence. Where husband in divorce suit alleged that wife was not a resident of this state, and wife in her answer alleged she was a resident of this state, but of a different county than that in which suit had been brought, verdict in favor of divorce was void, for the reason that the husband could sue only in the county of his wife’s residence; and if the answer of the wife be taken as true, and if she was in fact a nonresident of the state, there having been no service by publication or otherwise, the judgment for divorce would also be void. Jones v. Jones, 181 Ga. 747, 184 S.E. 271 (1936). There is no inhibition against impleading a party who resides in county other than that in which main action pends. Register v. Stone’s Indep. Oil Distribs., Inc., 227 Ga. 123, 179 S.E.2d 68 (1971), commented on in 8 Ga. St. B.J. 428 (1972). Different venue possible in suits for ## Separate Maintenance and Divorce. Since venue for divorce lies only in county of residence of defendant, in a suit for separate maintenance, venue may be Proper County (Cont’d) proper for the main claim and improper for a counterclaim for divorce where parties reside in different counties. Herring v. Herring, 246 Ga. 462, 271 S.E.2d 857 (1980). Residence and Domicile cile by residing on United States mil- ## Nonresident Cannot Acquire Domiitary Reservation. While former Code 1933, § 30-107 (see now O.C.G.A. § 19-5-2), in conferring jurisdiction in divorce suits, might not exact citizenship, the word ‘‘resident’’ as used therein was equivalent to domicile; and a nonresident of Georgia cannot acquire a Georgia domicile, such as would authorize the bringing of a divorce suit, under the statute by residing on or within a United States military reservation. Darbie v. Darbie, 195 Ga. 769, 25 S.E.2d 685 (1943). General Assembly cannot declare a person domiciled and residing in one county a resident of and domiciliary ## Of Another County. The General Assembly has no right to provide that a natural person, an individual, who lives and has a domicile and residence in one county, and the individual’s domicile and residence is fixed there under the law as it stands, should be deemed also to be a resident, for certain purposes, of another county. A general law may fix the general place of the individual’s residence; but when the individual has a residence and domicile fixed and established in accordance with the law, the legislature cannot declare that the individual may also be a resident of another county at the same time. Youmans v. Hickman, 179 Ga. 684, 177 S.E. 238 (1934). ## Change of Domicile. To effect a change of domicile there must be an avowed intent which may be shown by declarations or acts equivalent thereto, and an actual removal. Temporary absence from the county by a man who has no family does not operate to change the man’s domicile. Bellamy v. Bellamy, 187 Ga. 804, 2 S.E.2d 413 (1939). Jurisdiction 1. In General ## Allegation of Jurisdiction Essential. — Allegation of the jurisdictional requirements set forth in this paragraph and O.C.G.A. § 19-5-2 is essential to applications for divorce. Rice v. Rice, 223 Ga. 363, 155 S.E.2d 393 (1967) (see Ga. Const. 1983, Art. VI, Sec. II, Para. I). ## Jurisdiction and Venue Distinguished. Jurisdiction means the power of a court to render a binding judgment in the case, and venue means the place of trial. Williams v. Fuller, 244 Ga. 846, 262 S.E.2d 135 (1979). Plaintiff must prove by evidence ## Jurisdiction. The essential allegations in a petition for divorce, including jurisdiction, must be established by evidence, and the burden of proving such allegations rests upon the plaintiff. Johnson v. Johnson, 222 Ga. 433, 150 S.E.2d 684 (1966). ment confer jurisdiction upon the court where the essential jurisdictional matters stated in this paragraph are absent. Stewart v. Stewart, 195 Ga. 460, 24 S.E.2d 672 (1943) (see Ga. Const. 1983, Art. VI, Sec. II, Para. I). Duty of court to dismiss case when ## Parties Cannot by Waiver or Agreejurisdiction Does Not Exist. Since no valid judgment can be rendered in a divorce case where the court is without jurisdiction, it is the duty of the court, when apprised of the fact that it has no jurisdiction, to dismiss the case at any stage of the proceeding, with or without motion therefor. Cohen v. Cohen, 209 Ga. 459, 74 S.E.2d 95 (1953). ## Responsibility to Prove Jurisdiction. Petitioner in divorce action carries the burden of proving the jurisdiction of the court, and this duty is no less incumbent upon the defendant who asks for alimony; in neither instance can jurisdiction be conferred by consent or by waiver. Jones v. Jones, 181 Ga. 747, 184 S.E. 271 (1936); Stewart v. Stewart, 195 Ga. 460, 24 S.E.2d 672 (1943). Parties cannot later attack divorce decree as void for lack of jurisdiction after having conceded and confirmed ## Court’s Jurisdiction. While the parties cannot confer jurisdiction on the court, where the record shows that the parties affirmatively conceded and confirmed the jurisdiction of the court with respect to the person and subject matter, and the court rendered a divorce decree in the case, neither party can thereafter attack the decree as being void for lack of jurisdiction over the person or the subject matter. Herring v. Herring, 246 Ga. 462, 271 S.E.2d 857 (1980). A divorce granted by a court having no jurisdiction of the subject matter and of the parties is a nullity. Harmon v. Harmon, 209 Ga. 474, 74 S.E.2d 75 (1953). 2. Attachment of Jurisdiction Jurisdiction attached when person served with process while sojourning ## In County Where Court Located. Even though the allegations showed that the defendant was a resident of a foreign jurisdiction, yet where the defendant was personally served with process while sojourning within the state and county in which the court was located, where the petitioner resided, the court acquired jurisdiction under this paragraph and O.C.G.A. §§ 9-10-33, and 50-2-21. Miller v. Miller, 216 Ga. 535, 118 S.E.2d 85 (1961) (see Ga. Const. 1983, Art. VI, Sec. II, Para. I). If defendant in suit acknowledges service of suit, the presumption is that judgment rendered is based upon proper allegations and proof of jurisdiction as to the parties. Hardin v. Hardin, 218 Ga. 39, 126 S.E.2d 216 (1962). > The printed notes continue for 4,604 more characters, not shown here. Continue at https://georgiacommons.org/constitution/ga/art-vi-sec-ii-para-i.md?notes=all&start=11788