Once a Georgia court has personal jurisdiction over you in a divorce case, moving to another state does not take it away.
The Doctrine of Continuing Personal Jurisdiction
In Barker v. Barker, 294 Ga. 572 (2014), the Georgia Supreme Court recognized the doctrine of continuing personal jurisdiction in divorce cases. The rule “appears to be nearly universal”: once a court with personal jurisdiction over the parties enters a divorce decree, “personal jurisdiction continues throughout all subsequent proceedings that arise out of the original cause of action,” and “a party cannot escape that continuing jurisdiction to modify the original decree by moving to another state.”
The Barker parties divorced in Richmond County in 2005. Seven years later, after the wife had left Georgia, the husband filed in Gwinnett County. The trial court dismissed his petition and the Supreme Court reversed.
Why This Does Not Violate Your Rights
The wife argued that reaching her was unconstitutional because she no longer had contacts here. The court disagreed, holding that “the Constitution does not forbid the exercise of such jurisdiction,” because “the contacts which were sufficient to initially subject the person to the jurisdiction of our courts continue to provide a basis for personal jurisdiction in future proceedings arising from the initial action.”
Moving While the Case Is Still Pending
The same is true before any decree is entered. In Brewer v. Brewer, 205 Ga. 759 (1949), the husband moved to Florida right after being served. The court held that his move “would not cause the Fulton Superior Court to lose jurisdiction of the case then pending in that court.” Likewise, in Spadea v. Spadea, 225 Ga. 80 (1969), the husband moved to Florida mid-case and got a Florida divorce. The Georgia court kept jurisdiction over support and held him in contempt.
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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!