The domicile of a married person shall not be presumed to be the domicile of that person's spouse.
(Orig. Code 1863, § 1646; Code 1868, § 1691; Code 1873, § 1692; Code 1882, § 1692; Civil Code 1895, § 1826; Civil Code 1910, § 2183; Code 1933, § 79-403; Ga. L. 1982, p. 805, §§ 1, 2.)
OPINIONS OF THE ATTORNEY GENERAL
Eligibility of married woman to register to vote.
- Married woman whose husband has legal residence in Georgia may register to vote even though not physically domiciled within the state. 1975 Op. Att'y Gen. No. 75-77.
Military personnel stationed in Georgia.- Member of the military stationed in Georgia may claim an exemption on her automobile pursuant to the Soldiers and Sailors Relief Act [50 U.S.C. App. § 574] regardless of her husband's claiming homestead exemption on his house in Georgia, unless other conduct on her part establishes an intent to change her residency to Georgia. 1990 Op. Att'y Gen. No. U90-15.
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Domicil, § 36.
C.J.S.- 28 C.J.S., Domicile, §§ 28, 29. 41 C.J.S., Husband and Wife, §§ 8, 9.
ALR.
- Separate domicile of wife for purposes of jurisdiction over subject-matter of suit by her for divorce or separation, 39 A.L.R. 710.
Effect of marriage of alien woman to one then an American citizen on right to enter or remain in this country, 71 A.L.R. 1213.
Separate domicile of wife for purposes other than suit for divorce, separation, or maintenance, 75 A.L.R. 1254; 90 A.L.R. 358; 128 A.L.R. 1422.
Effect on jurisdiction of court to grant divorce, of plaintiff's change of residence pendente lite, 7 A.L.R.2d 1414.
Domicile for state tax purposes of wife living apart from husband, 82 A.L.R.3d 1274.