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?

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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

Answers:

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

Answered 10 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.


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