Do I need to file for a divorce in the state my husband lives? 3 Answers as of August 10, 2011

My husband and I separated in Dec/2010. My son lived with me until June/2011 when his father took him without my approval. Do I have to file the divorce in AL where he resides instead of GA which is my residence and my child?

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Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
You will need to file in Alabama.
Answer Applies to: Alabama
Replied: 8/10/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You have a complex issue here that REQUIRES you to get counsel. There are likely pros and cons, legally, to the choice. Georgia does for 6 months from the date the child was removed from the state, have jurisdiction based on child custody. That affects the answer. So do many other issues. For example, the age of majority, which affects how long child support is paid, is different in the two states, as is the method of calculating support. More subtle a difference will be which county in each state would hear the case and the judges there. Guess wrong, and you could really screw up. So get a good lawyer here in Georgia and make a solid decision, and weigh the choices before the 6 month period I mentioned.
Answer Applies to: Georgia
Replied: 8/9/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
If you maintained a matrimonial residence in Georgia and your son resided in GA until June of this year, you probably would be able to file in Georgia. But jurisdiction, and especially interstate jurisdiction over custody matters, can be complicated and you need to consult with an attorney about the details of your situation to be sure that you can file in GA. I will say that you should not wait, given the amount of time that has passed since the separation; the longer you wait, the murkier the issue becomes.
Answer Applies to: Georgia
Replied: 8/9/2011
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