Georgia courts decide where you are domiciled from the ordinary paper trail of your life.
What Judges Actually Look At
Dunlap v. Dunlap, 234 Ga. 304 (1975), is a catalog of it. A husband claimed he had moved out of Cobb County when the parties separated. The trial court found otherwise, and the Georgia Supreme Court affirmed, listing the evidence: he received mail from several sources at the Cobb County address, he never notified the Cobb County tax office of a change, his federal wage and tax form showed a Cobb County residence, his life insurance premium notice showed the same, he signed a vehicle tag application giving that address, and he was still registered to vote there.
Similarly, in Hatcher v. Hatcher, 229 Ga. 249 (1972), a husband who moved away three days before his wife filed proved the change. He testified he intended to live in the new county permanently, and he had notified the post office of his change of address, changed his banking account, and moved his church membership.
A Sworn Statement of Intent Is Not Enough by Itself
In Conrad v. Conrad, 278 Ga. 107 (2004), a wife filed for divorce in DeKalb County after years in South Africa on her husband’s work assignment. She had kept a Georgia driver’s license and voter registration card showing her daughter’s DeKalb apartment as her address, and she swore she intended to return.
Her own federal tax forms defeated her. They listed the couple’s “bona fide residence” as Johannesburg and stated that they did not maintain a home in the United States. The couple had also sold their Georgia house. The trial court found she was not a Georgia resident, and the Supreme Court affirmed.
So gather the documents early, and be sure they say the same thing you do.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!