Midkiff v. Midkiff

The parties in this divorce case were married in 1993, but not in Georgia. They lived in Florida, had three children, and moved to Germany where Husband was stationed with the military. Wife later returned to the United States alone. She has never lived in Georgia, and Husband has not lived in this state since brief periods when he was a minor. However, he brought suit for divorce in Spalding County, alleging that that county is his home of record while he is serving in the armed forces. After service by publication, Wife did not answer. The trial court entered a final judgment granting a divorce and awarding custody of the children and child support to Husband. On petition of Husband’s parents, apparently with his consent, the trial court modified its previous awards by granting custody to them and ordering Husband to pay child support. Wife thereafter filed a motion to set aside both the final judgment and the modification order, which the trial court denied. She appeals from this order pursuant to our grant of a discretionary appeal.

1. Wife contends that the trial court never had jurisdiction over the parties’ marital relationship. As the party seeking a divorce, Husband had to show “that the trial court has jurisdiction over the res of the marriage which results from his or her domicile in this state for the six-month period preceding the filing of the action.” Abernathy v. Abernathy, 267 Ga. 815, 816 482 SE2d 265 1997. See also OCGA § 19-5-2.