§ 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
Full Text of § 19-6-27
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.