Bill Text: GA SB491 | 2009-2010 | Regular Session | Engrossed
Bill Title: Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2010-06-03 - Act 611 [SB491 Detail]
Download: Georgia-2009-SB491-Engrossed.html
10 LC 29
4245
Senate
Bill 491
By:
Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick
of the 30th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia
Annotated, relating to personal jurisdiction over nonresidents, so as to change
provisions relating to the grounds for exercise of personal jurisdiction over
nonresidents involved in domestic relation cases; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating
to personal jurisdiction over nonresidents, is amended by revising Code Section
9-10-91, relating to the grounds for exercise of personal jurisdiction over
nonresidents, as follows:
"9-10-91.
A
court of this state may exercise personal jurisdiction over any nonresident or
his or her
executor or administrator, as to a cause
of action arising from any of the acts, omissions, ownership, use, or possession
enumerated in this Code section, in the same manner as if he
or
she were a resident of
the
this
state, if in person or through an agent, he
or
she:
(1)
Transacts any business within this state;
(2)
Commits a tortious act or omission within this state, except as to a cause of
action for defamation of character arising from the act;
(3)
Commits a tortious injury in this state caused by an act or omission outside
this state if the tort-feasor regularly does or solicits business, or engages in
any other persistent course of conduct, or derives substantial revenue from
goods used or consumed or services rendered in this state;
(4)
Owns, uses, or possesses any real property situated within this state;
or
(5)
With respect to proceedings for
alimony,
child support, or division of property in connection with an action for
divorce
divorce,
separate maintenance, annulment, or other domestic relations
action or with respect to an independent
action for support of dependents, maintains a matrimonial domicile in this state
at the time of the commencement of this action or, if the defendant resided in
this state preceding the commencement of the action, whether cohabiting during
that time or
not,
notwithstanding the subsequent departure of one of the original parties from
this state and as to all obligations arising from alimony, child support,
apportionment of debt, or real or personal property orders or agreements, if one
party to the marital relationship continues to reside in this
state. This paragraph shall not change
the residency requirement for filing an action for divorce.
(6)
Has been subject to the exercise of jurisdiction of a court of this state which
has resulted in an order of alimony, child custody, child support, equitable
apportionment of debt, or equitable division of property, notwithstanding the
subsequent departure of one of the original parties from this state, if the
action involves modification of such order and the moving party resides in this
state, or if the action involves enforcement of such order notwithstanding the
domicile of the moving
party."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.