McInerney v. McInerney

313 Ga. 462

FINAL COPY S21A1068. MCINERNEY V. MCINERNEY. BETHEL, Justice. This appeal presents the question of whether a superior court can transfer or dismiss a divorce case under the doctrine of forum non conveniens pursuant to OCGA § 9-10-31.1 (a) without offending Article VI, Section II, Paragraph I of the Georgia Constitution, which provides that “[d]ivorce cases shall be tried in the county where the defendant resides.” As discussed below, we hold that, with respect to the question of transfer of venue, OCGA § 9-10-31.1 (a) is consistent with the authority vested in the General Assembly…