A defendant can give a Georgia court personal jurisdiction voluntarily, and it is easier to do than most people expect.
Appearing and Asking for Relief
In Goff v. Goff, 254 Ga. 269 (1985), a DeKalb County husband sued his wife, a Massachusetts resident, for divorce. She entered a general appearance and asked the court for child custody, child support, spousal support, and a division of property. When the judge later announced that he had no jurisdiction over her, the Georgia Supreme Court reversed. By appearing generally and seeking relief without raising the defense by motion or in a responsive pleading, she had submitted herself to the court.
Pleading to the Merits or Counterclaiming
A defendant who answers on the merits without objecting to jurisdiction submits to the court, and so does one who files a counterclaim. In Barolia v. Pirani, 260 Ga. App. 513 (2003), a Texas defendant admitted jurisdiction in her answer and “further subjected herself to jurisdiction by filing a counterclaim.”
What Is Not Enough
Signing paperwork is not the same thing. In Bonner v. Bonner, 272 Ga. 545 (2000), a husband signed an acknowledgment of service of a divorce complaint before the case was filed, then signed a separation agreement describing itself as “the complete and final settlement of any and all rights either of them may have against the other.” No summons was ever served on him. The Georgia Supreme Court held that this language “is not sufficient to confer personal jurisdiction over Mr. Bonner,” and that “[w]hen there is no proper service, and no valid waiver of service, the court does not have jurisdiction over the defendant.”
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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!