§ 19-2-3.Domicile of married person
Chapter 2. Domicile · Last amended 1982 · Last verified October 9, 2026
Full Text of § 19-2-3
Plain-English Summary
This one-sentence section does one job: it stops the law from assuming that a married person lives wherever the spouse lives. The domicile of a married person “shall not be presumed” to be the domicile of that person’s spouse. The rule is written in neutral terms and applies the same way to either spouse.
The practical effect is that each spouse’s domicile is decided on that spouse’s own facts, using the general rules in Chapter 2 of Title 19. Under § 19-2-1, an adult’s domicile is where the family permanently resides or, if there is no family in Georgia, where the person generally lodges, and a change requires an actual move with the intention to stay. Under § 19-2-2, a person with more than one home may elect which counts. A spouse who moves out and sets up a separate home may therefore have a separate domicile, but nothing is assumed either way.
This matters most when spouses separate. Questions about where a divorce can be filed, or whether one spouse has been a Georgia resident long enough, turn on the facts, not on a presumption that one spouse’s home follows the other’s. Divorce has its own residence requirement in § 19-5-2. The section was last amended in 1982.
Frequently Asked Questions
Can a husband and wife have different domiciles in Georgia?
Yes. This section says a married person’s domicile shall not be presumed to be the domicile of the spouse. Each spouse’s domicile is decided on that spouse’s own facts under the general rules in § 19-2-1 and § 19-2-2. Spouses who live together will often share a domicile, but the law doesn’t assume it.
Is my domicile automatically the same as my spouse’s?
No. The section bars any presumption that a married person’s domicile is the spouse’s. Where you are domiciled depends on your own circumstances — where your family permanently resides or where you generally lodge, and whether you have moved with the intention of remaining, as § 19-2-1 explains.
If I moved out during our separation, is my domicile different from my spouse’s?
It can be. Because a married person’s domicile isn’t presumed to be the spouse’s, your domicile depends on your own facts. Under § 19-2-1, domicile changes through an actual change of residence with the avowed intention of remaining at the new place. If you moved and intend to stay, your domicile may have changed; if a dispute arises, a court decides it on the evidence.
Does this rule apply to both husbands and wives?
Yes. The section speaks of “a married person” and “that person’s spouse,” so it applies the same way no matter which spouse is involved. Neither spouse’s domicile is presumed to follow the other’s. Each spouse’s domicile is decided on that spouse’s own facts under the general rules in § 19-2-1 and § 19-2-2.
Can I file for divorce in Georgia if my spouse lives in another state?
It depends on your own residence, not your spouse’s. 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 military post residents and for certain nonresident filers. Because this section bars presuming that your domicile follows your spouse’s, the question turns on where you have been living.
Amendment History
Laws 1982, p. 805, §§ 1, 2.
Formerly Code 1863, § 1646; Code 1868, § 1691; Code 1873, § 1692; Code 1882, § 1692; Civil Code 1895, § 1826; Civil Code 1910, § 2183; Code 1933, § 79-403.