Autrey v. Autrey

Timothy Autrey husband appeals from the final judgment and decree of divorce from Kerrie Autrey wife. He contends the trial court erred by denying his motion to dismiss the complaint for divorce on venue grounds and denying his motion for new trial. We affirm. Wife filed a complaint for divorce in Gwinnett County Superior Court against husband in October 2008. Two days later, husband was served with process at the marital residence in Gwinnett County where the couple had lived for more than 20 years. Husband filed a motion to dismiss for lack of venue, asserting that while he maintained a residence in Gwinnett County, his domicile and primary residence was in Cobb County and he was entitled to be sued there.1 The court denied husband’s motion and the proceedings continued. After a lengthy bench trial which included the testimony of a forensic accountant, the trial court entered a final judgment awarding primary physical custody of the children to wife, attributing to husband monthly gross income of $12,500, and directing husband to pay monthly child support. The trial court denied husband’s motion for new trial, and husband thereafter sought, and this Court granted, discretionary review pursuant to the pilot project for family law cases. Wright v. Wright , 277 Ga. 133 587 SE2d 600 2003.

1. Husband contends the complaint for divorce should have been dismissed for improper venue because he was a resident of Cobb, not Gwinnett, County. A trial court’s findings of fact as to residence and domicile will not be disturbed on appeal if there is any evidence to support them. Smith v. Smith , 248 Ga. 268 1 282 SE2d 324 1981; Reynolds v. Reynolds , 233 Ga. 799 213 SE2d 841 1975. There is evidence in the record to support the trial judge’s finding that husband’s domicile remained in Gwinnett County during the six months prior to the filing of the divorce complaint, including evidence that husband continued to reside and maintain his possessions in the marital home until he was served with the complaint for divorce. Accordingly, venue was proper in Gwinnett County.