Divorce: Which court do I use?

Posted by William H. Sherman on Mar 10, 2015 | 0 Comments

Question:  My wife and I are having a lot of marital problems.  I think we are going to need divorce lawyers.  My wife has moved out of our house 2 years ago in Roswell, GA and into her sister's house in Gwinnett County.

I told her that she had to stop drinking around the kids.  And I caught her taking some pills from a friend's house and taking them with a few glasses of wine.  I know that she's connected with an ex-boyfriend from high school because he called her cell phone and I answered and I asked who it was and he said that he was going to be seeing her for dinner at Roux on Canton here in Roswell that night.  I didn't say I was her husband.

And I caught her sending graphic pictures of herself to a man she met online at one of those Internet dating services.  And he sent her pictures that were shocking to me.

I just want to get a divorce as soon as possible.  I don't want to wait to do the divorce papers and get started.  I know the divorce rate is already too high, but I need to go to divorce court as fast as I can.

I know that I need a good divorce lawyer even though I don't believe in divorce.  I have read books about divorce in the bible.  Since I live in Roswell and she lives in Gwinnett County, which court do I have to use?  I'd rather it be in my home county.

R.T. in Roswell

Answer:  When bringing a divorce action, you must file it in the county where the defendant resides.  Since your wife lives with her sister in Gwinnett County, you have to sue her for divorce in Gwinnett County.

Divorce cases are heard in the superior court of each county.  So the “divorce court” in Gwinnett County is the Gwinnett County superior court.  The fact that you live in Roswell, which is in Fulton County, has no bearing on the matter and you cannot use the Fulton County “divorce court.”

As divorce lawyers with deep experience in Gwinnett County and Fulton County, we understand that each jurisdiction has its own way of conducting business, its own “quirks” and we know the judges very well.

About Us

At some point, just about everyone needs to speak with a Roswell divorce lawyer. We help our clients 24/7.  Call us now at 678-215-4106. 

Our lengthy and valuable experience includes serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. 

We will answer any questions you have and help you navigate through the entire breakup process.  We handle cases throughout the Atlanta metro area and North Georgia.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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