The first of the two ways Georgia’s long-arm statute reaches an out-of-state spouse is a matrimonial domicile in Georgia.
What the Statute Requires
OCGA 9-10-91(5) allows a Georgia court to exercise personal jurisdiction over a nonresident who “maintains a matrimonial domicile in this state at the time of the commencement of this action.” A matrimonial domicile is the home the couple established together, not merely a place either of them passed through.
What Domicile Means
Under OCGA 19-2-1(b), a person’s domicile “may be changed by an actual change of residence with the avowed intention of remaining at the new residence.” Both halves are required. The statute goes on to say that a declared intention to change your domicile “is ineffectual for that purpose until some act is done in execution of the intention.” So announcing that you now live in Florida does not move your domicile there; actually moving with the intent to stay does.
Examples in Georgia Cases
For example, in Walters v. Walters, 277 Ga. 221 (2003), the couple married in Denmark, lived mostly in Germany, and moved to Georgia in 1993. They separated in 1997 and the husband moved to Florida. The Georgia Supreme Court held that he “purposefully availed himself of the privilege of maintaining a matrimonial domicile in Georgia,” reversed the dismissal of the wife’s case, and left in place an award of half his military retirement.
Similarly, in Cooke v. Cooke, 277 Ga. 731 (2004), a couple moved their family and business from Ohio to Fulton County in 1992. The wife returned to Great Britain with the children in 1999. Because the Georgia home was her “final such domicile in this country,” she was subject to a Georgia court.
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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!