Filing for divorce or being a part of a family law case is a difficult time, and knowing Georgia’s domestic law rules can save you time and money. One of the first things you will deal with is filing for divorce is jurisdiction and venue. Jurisdiction and venue play an important role in the process, as you will need to file the paperwork in the correct place in order to open your case.
Johns Creek, Georgia is entirely located in Fulton, County Georgia. Johns Creek Georgia cases usually involve people residing the following zip codes: 30005, 30022, 30024, 30097, 30098. More Information >>>
Jurisdiction for Johns Creek Georgia Divorce Cases
Jurisdiction refers to the court’s authority to hear a case, as determined by its legal boundaries. A court with jurisdiction to hear a divorce has the right to grant the divorce itself and to decide on orders connected to the divorce, such as child support, custody, and property division. The courts that have jurisdiction to hear a divorce case for someone residing in Johns Creek Georgia are the Georgia Superior Courts. For example, Georgia has forty-nine Superior Court Circuits in Georgia, and each circuit is made up of one or more counties. Most largely populated counties have their own Superior Court. But the more rural counties with less population density usually share a Superior Court circuit. It is not uncommon for three or four counties to share one Superior Court Circuit.
However, a divorce case should be filed in a county that can be said to have proper venue. Venue should be proper and convenient to at least one of the parties. Usually, venue needs to be most convenient to the defendant in the case, unless he or she consents to, or waives objections to the venue.
Venue for Johns Creek Georgia Divorce Cases
Venue refers to the proper geographical area in which a spouse can file. Usually, Georgia law requires that you file your divorce complaint in your spouse’s county of residence. If your spouse has moved away from Georgia, you may file at the Superior Court in your county. If you do not file in the proper place, you run the risk of your case being dismissed, thus it is important to know where you should be filing and note that your case could be specific – you should always double check with your court and your attorney that you are filing in the right place. Generally, if you are filing for an uncontested divorce with your spouse, the complaint can be filed in either party’s county, provided both parties have given consent that this is agreeable. Once your case is open, court hearings will usually be held in the Superior Court in which you filed your complaint.
If you or your spouse lives in John’s Creek, you will file in in the Fulton County Superior Court, which can be located at:
136 Pryor Street, S.W.
Atlanta, Georgia 30303
Web Site: http://www.fultoncourt.org/index.php
Questions about filing a Johns Creek divorce?
If you have question about filing a divorce for yourself and one of the parties resides in Johns Creek, call us at 770-609-1247 to discuss your case. We have four (4) attorneys on staff that are experienced with Johns Creek and Fulton County Georgia divorces, and we aim to help you navigate this stressful time in you life.