Filing for divorce is a difficult time, and knowing Georgia’s divorce law can save you time and money. One of the first things you will deal with is filing for divorce. Jurisdiction and venue play an important role in the process, as you will need to file the paperwork in the correct place in order to open your case.
Jurisdiction refers to the court’s authority to hear a case, as determined by its legal boundaries. A court with jurisdiction to hear a divorce has the right to grant the divorce itself and to decide on orders connected to the divorce, such as child support, custody, and property division.
Venue refers to the proper geographical area in which a spouse can file. Usually, Georgia law requires that you file your divorce complaint in your spouse’s county of residence. If your spouse has moved away from Georgia, you may file at the Superior Court in your county. If you do not file in the proper place, you run the risk of your case being dismissed, thus it is important to know where you should be filing and note that your case could be specific – you should always double check with your court and your attorney that you are filing in the right place.
Generally, if you are filing for an uncontested divorce with your spouse, the complaint can be filed in either party’s county, provided both parties have given consent that they agree to the county and court the case is to be filed. This is done through the signing and filing of a pleading called an Acknowledgement of Service waiving any objections to jurisdictions and venue.
Once your case is open, court hearings will usually resume in the Superior Court in which you filed your Complaint for Divorce.
If you or your spouse lives in Cumming, Georgia we will generally file your case in Forsyth County Superior Court, which is located at:
100 Courthouse Square
Room 010
Cumming, GA 30040
Phone: 770.781.2120
Web: http://www.forsythclerk.com
As sated above, if you or your spouse lives in a different county than Forsyth, and the case is an uncontested divorce, you can usually file in either spouse’s resident counties. However, it is best to discuss which county will be best for your situation with an experienced divorce attorney. If you are facing divorce in Cumming Georgia, or the surrounding Forsyth County area, call us at 770-609-1247 to speak with one of our experienced divorce attorneys. Contact >
Revised 2022-08-14
