Before a Georgia superior court can grant a divorce, three things have to be in place: (1) jurisdiction over the subject matter, (2) jurisdiction over the parties, and (3) proper venue.
Subject Matter Jurisdiction
This is the court’s power over the kind of case rather than over your case. For a divorce it takes two things: a valid marriage, and six months of Georgia residence before the petition is filed, OCGA 19-5-2. In Hopkins v. Hopkins, 237 Ga. 845 (1976), the Georgia Supreme Court described subject matter jurisdiction as “jurisdiction of the class of cases to which that particular case belongs,” and called it the “sine qua non to a valid judgment,” which “may not be waived by consent of the parties.”
Jurisdiction Over the Parties
This is the court’s power to enter a judgment binding on you personally. Hopkins calls it “the power of the court to render a judgment which will be binding upon the persons of the parties,” which is “obtained by their appearance or by use of the proper process for the type action.” Unlike subject matter jurisdiction, it “is a personal plea [defense] and may be waived.”
Venue
Venue “means the place for trial, that is, the county or district.” Hopkins. It is also a personal defense and can be waived.
Why the Difference Matters
OCGA 15-1-2 draws the same line: parties “may not give jurisdiction to a court by consent, express or implied, as to the person or subject matter,” but “lack of jurisdiction of the person may be waived.” So if the first element is missing the judgment is void and the problem can be raised at any time. The second and third are yours to keep or give away, and you give them away by not raising them at the start of the case.
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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!