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Conrad v. Conrad

The trial court properly applied the self-contradictory testimony rule and dismissed the wife's divorce action based on statements in her federal tax return showing that she did not reside in the United States.

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Elizabeth and Christopher Conrad were married in 1978. They lived in DeKalb County from 1995 until 1999 when Mr. Conrad’s employer, CARE Incorporated, transferred him to South Africa on a temporary assignment. Ms. Conrad moved to South Africa with him. While in South Africa, she attended the University of Witwatersrand in Johannesburg. They sold their house in Georgia on July 19, 2002. Ms. Conrad retained her Georgia driver’s licence and voter’s registration card, both showing her address to be her daughter’s apartment in DeKalb County. On January 9, 2003, Ms. Conrad filed for divorce in the Superior Court of DeKalb County. Mr. Conrad moved to dismiss the complaint for lack of subject matter and personal jurisdiction. The trial court granted the motion, finding that it lacked subject matter jurisdiction because Ms. Conrad was not “a bona fide resident of this state for six months before the filing of the petition for divorce . . . .” OCGA § 19-5-2.1

Both parties advance legal arguments regarding the concepts of residence and domicile. See OCGA § § 19-2-1 & 19-5-2; Bass v. Bass , 222 Ga. 378 149 SE2d 818 1966; Williams v. Williams, 191 Ga. 437 12 SE2d 352 1940. But their arguments ignore the specific language of the trial court’s order; the trial court made a factual finding that the persuasive evidence before it was that Ms. Conrad had abandoned her prior residence in Georgia and did not satisfy the residency requirement of OCGA § 19-5-2 at the time she filed the complaint. The trial court did not misapply the law.

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