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§ 9-10-91.Grounds for exercise of personal jurisdiction over nonresident

Chapter 10. Civil Practice and Procedure Generally · Article 4. Personal Jurisdiction over Nonresidents · Last amended 2011 · Last verified July 17, 2026

In one sentenceGeorgia’s long-arm statute lets a court exercise personal jurisdiction over a nonresident defendant, treating that person as if they were a state resident, whenever the defendant transacted business, committed a tort, owns, uses, or possesses real property here, or has family-law or prior-order ties connecting them to Georgia.

Full Text of § 9-10-91

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A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use, or possession enumerated in this Code section, in the same manner as if he or she were a resident of this state, if in person or through an agent, he or she:
(1) Transacts any business within this state;
(2) Commits a tortious act or omission within this state, except as to a cause of action for defamation of character arising from the act;
(3) Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;
(4) Owns, uses, or possesses any real property situated within this state;
(5) With respect to proceedings for divorce, separate maintenance, annulment, or other domestic relations action or with respect to an independent action for support of dependents, maintains a matrimonial domicile in this state at the time of the commencement of this action or if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph shall not change the residency requirement for filing an action for divorce; or
(6) Has been subject to the exercise of jurisdiction of a court of this state which has resulted in an order of alimony, child custody, child support, equitable apportionment of debt, or equitable division of property if the action involves modification of such order and the moving party resides in this state or if the action involves enforcement of such order notwithstanding the domicile of the moving party.

Plain-English Summary

This is the heart of Georgia’s long-arm statute — the list of contacts that let a Georgia court pull an out-of-state defendant into a Georgia lawsuit and treat them as if they lived here. The court can reach a nonresident who transacts business in Georgia, commits a tort within the state, owns, uses, or possesses real property here, or has family-law ties to Georgia through a matrimonial domicile or a prior child support or custody order.

The tort provisions do real work. An in-state tortious act reaches almost any wrongdoing committed here, apart from defamation claims, which the legislature carved out. A trickier scenario — an out-of-state act that causes injury inside Georgia — also counts if the defendant regularly does business here, solicits business here, engages in some other persistent course of conduct connected to Georgia, or draws substantial revenue from goods or services connected to Georgia. That extra requirement keeps the statute from grabbing someone whose only tie to the state is a single accidental injury with no ongoing connection to Georgia commerce.

The family-law grounds serve a different purpose: they let Georgia courts handle divorce, support, and custody-related matters involving a nonresident spouse or parent when the marriage or the family relationship was centered here, and they let Georgia enforce or modify its own prior support and custody orders even against someone who now lives elsewhere. Each ground stands alone — a plaintiff needs only one to establish jurisdiction, though the case still has to satisfy constitutional due-process limits beyond what the statute itself requires.

Frequently Asked Questions

What are the six grounds for jurisdiction listed in this section?

Transacting business in Georgia, committing a tortious act or omission here, causing a tortious injury here through an out-of-state act connected to Georgia business, owning, using, or possessing real property here, having certain family-law ties tied to a matrimonial domicile or prior residency, and being subject to a prior Georgia support, custody, or property-division order that the current action seeks to modify or enforce.

Is there an exception for defamation claims?

Yes. The tortious-act ground covering acts or omissions within Georgia expressly excludes causes of action for defamation of character.

What does a plaintiff need to show for a tortious-injury claim based on conduct outside Georgia?

The injury must occur in Georgia, and the defendant must regularly do or solicit business in Georgia, engage in some other persistent course of conduct here, or derive substantial revenue from goods used or services rendered in the state.

How does this section apply to divorce and support cases?

A Georgia court can reach a nonresident spouse or parent if the parties maintained a matrimonial domicile in Georgia when the case began or if the defendant lived in Georgia before the action started, though this ground does not change the separate residency requirement for filing a divorce.

Can Georgia courts modify or enforce prior custody or support orders against someone who has since left the state?

Yes. A nonresident who was once subject to a Georgia order for alimony, child custody, child support, or division of property or debt can be pulled back into Georgia court to modify that order if the moving party lives in Georgia, or to enforce it regardless of where the moving party lives.

Amendment History

Ga. L. 1966, p. 343, § 1; Ga. L. 1970, p. 443, § 1; Ga. L. 1983, p. 1304, § 1; Ga. L. 2010, p. 822, § 1/SB 491; Ga. L. 2011, p. 562, § 3/SB 139.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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