Conrad vs. Conrad, 278 Ga. 107, 597 S.E.2d 369 (2004).
The parties were married and lived in DeKalb County from 1995 to 1999 when the husband transferred him to South Africa on a temporary assignment. The wife moved to South Africa with him. The parties sold their house in 2002. In 2003, the wife filed for divorce in DeKalb County, and the husband filed a motion to dismiss, claiming that she was not a resident of the State of Georgia for six (6) month prior to filing the divorce. After a hearing on the motion to dismiss, the trial court agreed and dismissed the case.
On appeal, the Supreme Court of Georgia affirmed the trial court’s decision that the wife abandoned her residence in the State of Georgia and did not satisfy the residence requirement to obtain a divorce in the State of Georgia (i.e., being a resident for six (6) months). Importantly, the Court noted that it requires both act and intent to establish a residence; a “floating intention to return” to a past residence does not retain that original domicile.