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§ 19-6-27.Application for permanent alimony or child support after grant of foreign divorce decree; venue; hearing; review; modification

Chapter 6. Alimony and Child Support · Article 1. General Provisions · Last amended 1979 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-6-27 lets a Georgia resident divorced in another state or country without personal service or appearance later sue in superior court for permanent alimony and child support, tried as if no divorce had been granted.

Full Text of § 19-6-27

Text sizeJump to: (a) (b) (c)

(a) Whenever, in any foreign country or any other state of the United States, any person obtains a divorce from such person's spouse, which spouse at the time of the filing of the divorce action was a resident of this state, and in the divorce action the spouse was not personally served with petition and process but was served constructively and did not appear, plead, or otherwise waive jurisdiction of the foreign court, the spouse, at any time subsequent to the granting of the foreign divorce decree, may apply to the superior court for an order and judgment for permanent alimony for the support of such spouse and the child or children of the parties, if any. The permanent alimony action shall be filed, pleaded, and tried as if no divorce decree had been entered, even though the foreign decree may be entitled to full faith and credit in dissolving the marriage. If the person who obtained the divorce has become a resident of this state, the action for alimony shall be brought in the county of the person's residence; otherwise, the action shall be brought in the county in which the spouse applying for alimony resides.
(b) The procedure provided for in subsection (a) of this Code section shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court unless custody of the child or children is subsequently changed by a court having jurisdiction of the parties.
(c) A petition brought under this Code section shall be served upon the person who obtained the divorce, as in actions for permanent alimony, and shall be heard by the judge unless a jury trial is demanded by either party to the case. The judgment shall be reviewable as in other cases. The order or judgment shall be subject to modification upon a change of condition, in the same manner that other orders or judgments for permanent alimony are subject to modification.
End

Plain-English Summary

A court in another state or country can end a marriage without personal jurisdiction over the absent spouse, but it may not have the power to decide support. This section protects a Georgia resident in that position. It applies when someone obtains a divorce in a foreign country or another state, the other spouse was a Georgia resident when the divorce was filed, and that spouse was served only constructively (for example, by publication) and didn’t appear, plead or otherwise waive the foreign court’s jurisdiction.

At any time after the foreign decree, the Georgia spouse may apply to the superior court for permanent alimony for himself or herself and for the children of the parties, if any. The case is filed, pleaded and tried as if no divorce decree had been entered, even though the foreign decree may still be entitled to full faith and credit in ending the marriage. If the spouse who got the divorce now lives in Georgia, the action goes in that person’s county of residence; otherwise it goes in the county where the applying spouse lives.

There is a limit on child support: the procedure isn’t available for children whose custody and support the foreign court legally decided, unless a court with jurisdiction of the parties later changes custody. The petition is served on the spouse who got the divorce, as in permanent alimony actions, and the judge hears it unless either party demands a jury. The judgment may be reviewed like others and modified for a change of condition, the same way as other permanent alimony judgments.

Frequently Asked Questions

My spouse divorced me in another state without serving me. Can I still get alimony in Georgia?

Possibly. If you were a Georgia resident when the divorce was filed, were served only constructively, and didn’t appear, plead or otherwise waive the foreign court’s jurisdiction, you may apply to the superior court for permanent alimony for yourself and any children of the parties. The case is tried as if no divorce had been entered. The outcome depends on the evidence and the court.

Is there a deadline to seek alimony after a foreign divorce in Georgia?

This section sets none. The spouse may apply at any time after the foreign divorce decree is granted. The other conditions still apply: the spouse must have been a Georgia resident when the divorce was filed, must have been served only constructively, and must not have appeared, pleaded or otherwise waived the foreign court’s jurisdiction.

Where do I file for alimony after an out-of-state divorce?

If the spouse who got the divorce has become a Georgia resident, file in the county where that person lives. Otherwise, file in the county where you, the spouse applying for alimony, reside. The case goes to the superior court, and the petition is served on the spouse who obtained the divorce, as in actions for permanent alimony.

Can I get child support in Georgia if the foreign court already decided custody and support?

Not through this procedure, unless custody of the children is later changed by a court with jurisdiction of the parties. The section excludes children whose custody and support were legally adjudicated in the foreign court. If the foreign court didn’t decide their custody and support, the children of the parties can be included in the application.

Does this section undo the out-of-state divorce?

No. The foreign decree may still be entitled to full faith and credit in dissolving the marriage. This section lets the Georgia spouse pursue alimony and support as if no divorce had been entered, without disturbing the divorce itself. The alimony case is filed, pleaded and tried as though no decree existed.

Amendment History

Laws 1965, p. 263, §§ 1-3; Laws 1979, p. 466, §§ 29-31.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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