4. Proceedings to End the Marital Relationship

Question 1

Where are Divorce Cases brought that have Subject Matter Jurisdiction?

Answer 1

State court, unless a fundamental right is infringed, then federal court may be used.

Question 2

How is In Rem Jurisdiction established in a divorce case?

Answer 2

If one party is domiciled in the state when the action is filed.

Question 3

Is the domicile of a married person presumed to be the same as that of the person’s spouse?

Answer 3

No.

Question 4

What is the domicile of a minor child’s parents who are domiciled in the same county?

Answer 4

The domicile of that child is that of the parents.

Question 5

What is the domicile of a minor child born out of wedlock?

Answer 5

The domicile of the child’s mother.

Question 6

What is the domicile of a minor child whose parents are divorced, separated, or widowed?

Answer 6

The child’s domicile is that of the custodial parent.

Question 7

What is the domicile of a minor child if one parent is not domiciled in the same county as the other parent?

Answer 7

The child’s domicile is that of the custodial parent.

Question 8

What is the domicile of a minor child where the child’s parents have voluntarily relinquished custody?

Answer 8

The child’s domicile is that of the person having legal custody.

Question 9

What is the domicile of a minor child that has no legal custodian?

Answer 9

The child’s domicile is that of the guardian if the guardian is domiciled in Georgia.

Question 10

What is the domicile of a minor child that has no legal custodian nor guardian?

Answer 10

Determined as if the child were an adult.

Question 11

Personal Jurisdiction;

What does personal jurisdiction focus on in divorce cases?

Answer 11

Domicile.

Question 12

Why is personal jurisdiction over the defendant necessary?

Answer 12

To enter orders imposing support obligations.

Question 13

What is domicile based on?

Answer 13

Physical presence and intent to remain indefinitely.

Question 14

What is the residency requirement to file a petition for divorce in Georgia?

Answer 14

6-month residency requirement that must be satisfied, by either the plaintiff or the defendant, in order to file a petition for divorce in a Georgia court.

Question 15

What is the proper court to bring suit for divorce in Georgia?

Answer 15

Superior court.

Question 16

What is the Georgia Long-Arm Statute for divorce cases?

Answer 16

Allows personal jurisdiction over nonresidents in cases involving alimony, child support, or property division.

Question 17

When is a nonresident defendant subject to the Georgia Long-Arm Statute for divorce cases?

Answer 17

If they have a matrimonial domicile in Georgia or resided in Georgia before the action began.

Question 18

Does the Georgia long-arm statute have a 6-month residency requirement for a plaintiff filing for divorce?

Answer 18

Yes.

Question 19

When can the court exercise personal jurisdiction over a nonresident in support order proceedings?

Answer 19

1. If personally served in Georgia,
2. submits to the jurisdiction of Georgia by consent,
3. resided with the child in Georgia; or
4. resided in Georgia and provided prenatal support.

Question 20

What is the proper venue for divorce cases?

Answer 20

County where the defendant resides, if a resident of Georgia.

Question 21

What is the proper venue for divorce cases if the defendant is not a resident of Georgia?

Answer 21

In the county where the plaintiff resides.

Question 22

When can a divorce case be tried in the county of residence of the plaintiff?

Answer 22

If the defendant moved from that county within six months of filing and it was the marital domicile at separation.

Question 23

When can a nonresident file a petition for divorce?

Answer 23

In the respondent’s county if the respondent has been a resident for at least six months before the petition is filed.

Question 24

What must an action for divorce be brought on?

Answer 24

A verified petition.

Question 25

Are Default judgments in divorce actions favored in Georgia?

Answer 25

No. However, a default may be entered if the defendant fails to appear at a hearing after adequate notice.

Question 26

Are Alternative Dispute Resolutions in divorce actions favorable in Georgia?

Answer 26

Yes.

Question 27

Interim Rights During Pendency of Proceedings Is Temporary Alimony allowed in Georgia?

Answer 27

Yes, determined according to needs.

Question 28

Interim Rights During Pendcy of Proceedings; Is Temporary Child Support and Custody allowed in Georgia?

Answer 28

Yes, can be awarded during proceedings.

Question 29

Can a court issue restraining orders upon the filing of any domestic relations action?

Answer 29

Yes, to prevent taking the minor child outside jurisdiction.

Question 30

What are the Grounds for Divorce in Georgia?

Answer 30

* Intermarriage within prohibited degrees * Mental incapacity * Impotency * Force or fraud * Pregnancy by another man * Adultery * Willful desertion * Conviction for moral turpitude * Habitual intoxication * Cruel treatment * Incurable mental illness * Habitual drug addiction * Irretrievably broken

Question 31

Can there be several grounds for divorce?

Answer 31

Yes.

Question 32

Is uncorroborated testimony sufficient to prove adultery?

Answer 32

No.

Question 33

What does Georgia’s Wiretap statute prohibit?

Answer 33

Filming others in a private place without consent.

Question 34

What are the four defenses in granting a divorce?

Answer 34

* Misconduct was colluded by both parties * Complaining party consented to misconduct * Both parties engaged in similar misconduct * Voluntary condonation and subsequent cohabitation