
In Georgia, venue refers to the specific county where a legal case should be filed or heard. As it relates to family law matters, the venue is typically the county where the Respondent/Defendant resides if in the state of Georgia or where the marital real property is located. It is important to provide accurate information as to where property and the parties are located.
Improper venue refers to filing a legal case in a court that doesn't have the proper location to hear that particular matter. Improper venue is governed under O.C.G.A 19-11-12(b)(3). If a case is filed in a county or court that isn't the appropriate venue based on legal requirements, the opposing party can motion for a change of venue to move the case to the correct county. However, venue can be consented to by parties when the Respondent/Defendant “voluntarily, clearly and specifically, by affidavit, waives any objection to venue.” Parris v. Douthit, 287 Ga. 119, 120694 S.E.2d 655, 656 (2010).
Unless improper venue is raised in the initial responsive pleadings and/or by motion, it is waived.
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