§ 19-2-1.Place of domicile; how domicile changed, generally
Chapter 2. Domicile · Last amended 1851 · Last verified October 9, 2026
Full Text of § 19-2-1
Plain-English Summary
Domicile is a person’s legal home — the one place the law treats as where you belong, even when you travel or keep a second address. It matters for where cases can be filed and which county or state’s rules apply. This section sets Georgia’s basic rule for adults.
Subsection (a) covers a person of full age who is “laboring under no disability” — an adult with full legal capacity. That person’s domicile is the place in Georgia where the person’s family permanently resides. If the person has no family, or the family doesn’t live in Georgia, the domicile is the place where the person generally lodges — where they usually stay.
Subsection (b) explains how domicile changes. A person sui juris — legally able to manage their own affairs — changes domicile by an actual change of residence with the avowed intention of remaining at the new place. Both pieces are required. Saying you intend to move does nothing until you take some act to carry out that intention. And moving without meaning to stay isn’t enough either.
Neighboring sections fill in special cases: § 19-2-2 covers people with two or more homes and transients, § 19-2-3 says a married person’s domicile isn’t presumed to be the spouse’s, and §§ 19-2-4 through 19-2-6 cover children and people under guardianship. Divorce filings have their own residence requirement in § 19-5-2.
Frequently Asked Questions
What does domicile mean in Georgia?
Domicile is your legal home. For an adult with full legal capacity, this section says it’s the place in Georgia where your family permanently resides. If you have no family, or your family doesn’t live in Georgia, your domicile is the place where you generally lodge. You can have several addresses, but the law looks to this rule to pick your domicile.
How do I change my domicile in Georgia?
You need both an actual change of residence and the avowed intention of remaining at the new residence. Under subsection (b), a declaration that you intend to change your domicile has no effect until you do something to carry it out. So announcing a move isn’t enough; you have to move, and mean to stay. Whether both happened is a question of fact if it’s ever disputed.
If I say I’m moving to another county, does my domicile change right away?
No. The section says a declaration of intention to change domicile is ineffectual until some act is done in execution of that intention. Your domicile stays where it is until you take a real step — such as moving into the new home — while intending to remain at the new place.
Is domicile the same as residence for a Georgia divorce?
Not necessarily, and the divorce statute uses its own words. Code Section 19-5-2 says no court shall grant a divorce to a person who has not been a bona fide resident of Georgia for six months before filing, with exceptions for people living on a military post or reservation and for some nonresident filers. This section supplies the general definition of domicile; § 19-5-2 sets the residence test for divorce.
Where is my domicile if my family lives out of state but I work in Georgia?
Under subsection (a), if your family does not reside in Georgia, the place where you generally lodge is considered your domicile. So a person whose spouse and children live elsewhere, but who regularly stays at an apartment in a Georgia county, would look to that lodging place under this rule. If you lodge in more than one place, § 19-2-2 may also apply.
Amendment History
Laws 1838, Cobb's 1851 Digest, p. 530.
Formerly Code 1863, §§ 1644, 1650; Code 1868, §§ 1689, 1694; Code 1873, §§ 1690, 1695; Code 1882, §§ 1690, 1695; Civil Code 1895, §§ 1824, 1829; Civil Code 1910, §§ 2181, 2186; Code 1933, §§ 79-401, 79-406.