Georgia House of Representatives - 1995/1996 Sessions

HR 101 - Divorce; U. S. service personnel; residency and venue - CA

Page Numbers - 1/ 2

1. Watson  139th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/23/95  Read 1st Time                                                                
              1/24/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HR 101                                            LC 10 1027






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to change
  1- 2  the residency and venue requirements in divorce cases
  1- 3  involving members of the United States armed forces
  1- 4  stationed in this state; to provide for the submission of
  1- 5  this amendment for ratification or rejection; and for other
  1- 6  purposes.

  1- 7       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Article VI, Section II of the Constitution is amended by
  1- 9  striking Paragraph I in its entirety and inserting in lieu
  1-10  thereof a new Paragraph I to read as follows:

  1-11      "Paragraph I. Divorce cases.  Divorce cases shall be
  1-12    tried in the county where the defendant resides, if a
  1-13    resident of this state; if the defendant is not a resident
  1-14    of this state, then in the county in which the plaintiff
  1-15    resides; provided, however, a divorce case may be tried in
  1-16    the county of residence of the plaintiff if the defendant
  1-17    has moved from that same county within six months from the
  1-18    date of the filing of the divorce action and said county
  1-19    was the site of the marital domicile at the time of the
  1-20    separation of the parties; , and provided, further, that
  1-21    any person who has been a resident of any United States
  1-22    army post or military reservation within the State of
  1-23    Georgia for one year a member of the United States armed
  1-24    forces stationed in this state for at least six months
  1-25    next preceding the filing of the petition may bring an
  1-26    action for divorce in the county wherein the person
  1-27    resides or in any county adjacent to said the United
  1-28    States army military post or military reservation to which
  1-29    the service member is assigned."

                         SECTION 2.

  1-30  The above proposed amendment to the Constitution shall be
  1-31  published and submitted as provided in Article X, Section I,
  1-32  Paragraph II of the Constitution.




                                 -1- (Index)

                                                  LC 10 1027

  2- 1  The ballot submitting the above proposed amendment shall
  2- 2  have written or printed thereon the following:

  2- 3    "(  ) YES Shall the Constitution be amended so as to
  2- 4              provide that members of the United States
  2- 5     (  ) NO  armed forces are required to be stationed in
N-21              this state for at least six months prior to
  2- 7              filing a divorce petition, which requirement
  2- 8              is similar to the residency requirements of
  2- 9              other citizens of this state?"

  2-10  All persons desiring to vote in favor of ratifying the
  2-11  proposed amendment shall vote "Yes."  All persons desiring
  2-12  to vote against ratifying the proposed amendment shall vote
  2-13  "No."

  2-14  If such amendment shall be ratified as provided in said
  2-15  Paragraph of the Constitution, it shall become a part of the
  2-16  Constitution of this state.































                                 -2- (Index)