Smith v. Smith

Marshall, Justice.

The appellee former wife obtained a divorce decree against the appellant former husband in the Fulton Superior Court, and this decree awards her the marital residence. Although the appellant was personally served with a copy of the divorce complaint, he did not answer the complaint or file any responsive pleadings. Approximately one year after rendition of the divorce decree, the appellant filed the present petition in the Fulton Superior Court seeking to set aside the decree on the ground that he is not and was not a resident of Fulton County. The superior court denied the…