§ 19-5-2.Residence requirements; venue
Chapter 5. Divorce · Last amended 1958 · Last verified October 9, 2026
Full Text of § 19-5-2
Plain-English Summary
The basic rule is short and mandatory. No court shall grant a divorce to anyone who has not been a bona fide resident of Georgia for six months before the filing of the petition. The clock runs to the filing date, not the hearing date: the six months must be complete when the petition is filed. “Bona fide” means in good faith: the residence must be genuine.
The section then adds two provisos. The first covers military residents. A person who has been a resident of any United States army post or military reservation within Georgia for one year next preceding the filing — that is, the full year right before filing — may bring a divorce action in any county adjacent to that post or reservation. The time period here is one year, not six months.
The second proviso covers people who live outside Georgia. A nonresident may file for divorce in Georgia against a spouse who has been a resident of Georgia and of the county where the case is brought for six months before filing. The proviso places that case in the respondent’s county of residence. The text speaks of “a nonresident of this state”; it does not say whether a person who lives in Georgia but has not yet met the six-month rule may use this proviso.
Other sections build on this one. The petition must show that the filer meets the residence requirements, or that the filer is bringing a counterclaim and is not required to meet them (§ 19-5-5(b)(2)). Annulments follow the same residence rules (§ 19-4-4). The official catchline mentions venue, but this section names a county only in its two provisos; in other cases, the county is set by Georgia’s general venue rules, not by this section.
Frequently Asked Questions
How long do I have to live in Georgia to file for divorce?
Six months. No Georgia court may grant a divorce to a person who has not been a bona fide resident of the state for six months before filing the petition. There are two alternatives: a one-year rule for residents of a U.S. army post or military reservation in Georgia, and a path for a nonresident to file against a spouse who has lived in Georgia and the county for six months.
Can I file for divorce in Georgia if I just moved here?
Not on your own residence until you have been a bona fide Georgia resident for six months before filing. A separate proviso lets “a nonresident of this state” file in the county where the respondent lives, if the respondent has been a resident of Georgia and of that county for six months before filing. The text does not say whether a newcomer who now lives in Georgia counts as a nonresident for this purpose, so that question is worth raising with a lawyer.
I’m in the military and live on a base in Georgia. Where can I file for divorce?
If you have been a resident of a United States army post or military reservation in Georgia for one year immediately before filing, this section lets you bring the divorce in any county adjacent to that post or reservation. Note the period: one year, not the six months that applies under the general rule.
Can I file for divorce in Georgia if I live in another state?
Yes, if your spouse has been a resident of Georgia and of the county where you file for six months before filing. The proviso lets a nonresident file in the county where the respondent lives. If your spouse has not lived in Georgia that long, this section does not let a nonresident file here.
Does my spouse have to meet the residency rule to file a counterclaim for divorce?
Section 19-5-5(b)(2) says the petition must show either that the applicant meets the residence requirements or that the applicant is bringing a counterclaim and is not required to meet them. So the Code contemplates that a spouse who counterclaims in a properly filed Georgia case need not satisfy the residence rule separately.
Amendment History
Laws 1890-91, p. 235, § 1; Laws 1893, p. 109, § 1; Laws 1939, p. 203, § 1; Laws 1950, p. 429, § 1; Laws 1958, p. 385, § 1.
Formerly Civil Code 1895, § 2431; Civil Code 1910, § 2950; Code 1933, § 30-107.