Question for our PC lawyers!

[diethx]

I don't know why I'm having such an issue googling this, but I'm seriously coming up with jack when I try. It's a residency question.

My ex moved out of our house in the beginning of December and lives in another county. He is crashing with a friend (only his friend's name on the apartment lease) until March when they are getting another apartment together with both of them on the lease. However, all his mail still comes to my house, his license still has my address, etc.

So, my question is - on the divorce paperwork, it asks me to determine the venue. It specifically asks about his residency (county), and I'm not sure whether his residency is determined by where he's been staying for the past two months, or if it's based upon what all his paperwork still says (our address). I'm also not sure if this type of shit is different by state, so....

Anyone have an idea? We really don't want to hire lawyers, and this is the one thing that's really stumping me as I try to fill out the paperwork.

[msconstrew]

Only your residency should matter if you're the one filing the paperwork. However, residency is different than domicile; you can have multiple residences but only one domicile. Is your paperwork asking about domiciles or residency? He's a resident of his friend's apartment, and may also still be a resident of your apartment depending on if he receives mail there or some other factors. Nice and easy, right?

[diethx]

Well, it asks about his residency. Let me take a screenshot of what it asks, hang on.

[diethx]

http://i48.tinypic.com/2v9yxl5.jpg

[Gelston]

Where does he pay taxes/vote?

[msconstrew]

Well, six months is the residency requirement for Georgia. So, he is still a "resident" of Cobb county until he's lived in a different county for over six months. If he has, then he's a resident of the other county. But it doesn't really matter, frankly, assuming he is going to acknowledge service of process and consented to jurisdiction in Cobb County.

And since you and I have discussed this before, the packet of forms you got from Cobb County includes the Acknowledgement of Service of Process/Consent to Jurisdiction forms. So all he needs to do is sign those and you submit them with your initial complaint; the issue is then resolved.

[diethx]

He is not registered to vote. As far as taxes... do you mean income? We don't have county income tax.

[diethx]

My original instinct was to put B. I just don't want to fuck up on something small and stupid like this, like picking B when I should pick A, and have our shit be nullified or thrown out. And yes, he's going to sign the service of process doc or whatever it's called.

eta: But ok, I will switch it up and put A. Thanks!

[msconstrew]

Yeah, I updated my response above to account for those issues. If he's going to sign both forms, don't worry about it.

[Gelston]

He is not registered to vote. As far as taxes... do you mean income? We don't have county income tax.

Oh, thats right.. Georgia doesn't have city income taxes.

[diethx]

Yes, what I took a screen shot of is part of that packet. However the instructions clearly state that you should make sure you answer the question of venue properly otherwise it could make the divorce "defective". It didn't mention that having him sign those docs would make it inconsequential. This stuff is such a pain in the goddamned ass.

[diethx]

A - get on AIM real quick. I have another question for you that I don't need to post about on here.

[msconstrew]

Just murder him and dump the body. No muss, no fuss.

[diethx]

Hehe.