Midkiff v. Midkiff, 275 Ga. 136

Summary

The Supreme Court of Georgia held that the trial court lacked jurisdiction to grant a divorce because the husband did not establish a Georgia domicile through actual residence and intent to remain. The court reversed the divorce decree and related custody, child-support, and modification orders because those remedies depended on a valid divorce and the court lacked personal jurisdiction over the wife for child support.

Holdings

1. A military service member does not establish a Georgia domicile merely by changing his military home of record to a Georgia county; Georgia divorce jurisdiction requires the same actual change of residence and intent to remain applicable to other citizens, unless the statutory military-post exception applies. Because Husband was not stationed at a military facility in Georgia and had not established actual physical residence in the state, the trial court lacked jurisdiction over the marital res and erred in failing to set aside the divorce decree.
2. Because no valid divorce was granted, the trial court lacked power in the divorce proceeding to make a final disposition of the children's custody and control or to award child support. The subsequent modification order therefore also had to be set aside.
3. The trial court was not authorized to order Wife to pay support for the children because it did not have personal jurisdiction over her.

Questions Presented

1. Whether Husband established the Georgia domicile required for the trial court to exercise jurisdiction over the marital relationship and grant a divorce.
2. Whether the trial court had authority to award custody and child support when no valid divorce had been granted.
3. Whether the trial court could order Wife to pay support for the children without personal jurisdiction over her.

Disposition

reversed