If I’m military and got married inKS but recently stationed in GA due to military service, in which state do I file for divorce?

UPDATED: Aug 22, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 22, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m military and got married inKS but recently stationed in GA due to military service, in which state do I file for divorce?

My wife committed adultery while I was deployed to Iraq. When I file for my divorce will I have to go back to KS for my court date or will my wife have to come out to GA to represent herself since I would like to file in GA?

Asked on August 22, 2011 Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation and what happened.  The basic issue in filing for divorce is to make sure that the court has what is known as jurisdiction over you in order for them to be able to accept the filing and then allow you to serve your spouse so that they can have jurisdiction over them to decide the divorce.  Residency is how each state governs jurisdiction in these instances.  For Military personnel - a person stationed at a military base in Georgia - you must be stationed there for one year immediately preceding filing for divorce in Georgia. You can then bring the action in any of the counties adjacent to the base or post where you are stationed.  I would speak with an attorney in the area on the matter and then get the best advice for filing.  Good luck and thank you for your service to out country.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption