When a Georgia divorce is filed in the wrong county, the usual result is that the case moves to the right county rather than being thrown out.
A Venue Objection Is a Motion to Transfer
Uniform Superior Court Rule 19.1(A) provides that a timely motion “that jurisdiction is lacking or that venue is improper … shall be treated as a motion to transfer the action to another court, whether in the same or another county of this state.” Under Rule 19.1(B), the moving party “shall specify the court(s) having jurisdiction and in which venue properly would lie,” so you cannot simply say the county is wrong and stop there.
Georgia courts apply this in divorce cases. In Thorpe v. Thorpe, 268 Ga. 724 (1997), where a wife filed in her own county although her husband lived in Fulton County, the Georgia Supreme Court directed that the trial court “must set aside the judgment and transfer the case to a court having jurisdiction.”
The 20-Day Cost Trap
This is where transferred cases die. Under Rule 19.1(F) and (G), the transfer order must state that unless the plaintiff pays all accrued court costs within 20 days of the cost bill being mailed or delivered, “the action shall automatically stand dismissed without prejudice.” The court may also award reasonable attorney’s fees to the prevailing party on the motion.
You Do Not Start Over
Once the file arrives, Rule 19.1(I) provides that the case “shall continue in the transferee court as though initially commenced there.” Service does not have to be done again – with one exception. “[A]ny publication required to be made in a newspaper in the proper venue shall be republished.”
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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!