Section unconstitutional insofar as it might prevent voting registration.

- Joint operation of former Code 1933, §§ 79-403 and 79-407 (see now O.C.G.A. §§ 19-2-3 and19-2-6) and former Code 1933, § 34-632, insofar as it established an irrebuttable presumption that the domicile and residence of a married woman was that of her husband, and thereby prevented her from registering to vote in Georgia, violated U.S. Const., amend. 19. Kane v. Fortson, 369 F. Supp. 1342 (N.D. Ga. 1973).

Words "voluntary separation" and "living apart," do not necessarily mean mutual agreement for separation; for when husband has been guilty of such dereliction of duty in the marital relation as entitles the wife to have it either partially or totally dissolved, she may acquire a separate domicile of her own for the purpose of conferring jurisdiction on the proper tribunal in a proceeding for divorce or separation. Pearlstine v. Pearlstine, 148 Ga. 756, 98 S.E. 264 (1919); Abou-Issa v. Abou-Issa, 229 Ga. 77, 189 S.E.2d 443 (1972).

Duty of wife to follow husband.

- Wife is bound to go with her husband to reside on a farm despite an antenuptial contract to the contrary. Pace v. Pace, 154 Ga. 712, 115 S.E. 65 (1922); Perkerson v. Perkerson, 157 Ga. 589, 122 S.E. 53 (1924).

Domicile not presumed to be spouse's domicile.

- In a case involving the residency requirements of O.C.G.A. §§ 21-2-217(a) and46-2-1(b), the trial court properly granted a commissioner's motion for summary judgment because the evidence established the commissioner's residence in District Two at least 12 months prior to the commissioner's election to the Public Service Commission; pursuant to O.C.G.A. § 19-2-3, the domicile of the commissioner's spouse in another district was not presumed to be the commissioner's domicile. Dozier v. Baker, 283 Ga. 543, 661 S.E.2d 543 (2008).

Cited in Porter v. Chester, 208 Ga. 309, 66 S.E.2d 729 (1951); Stanton v. Stanton, 213 Ga. 545, 100 S.E.2d 289 (1957); Bufford v. Bufford, 223 Ga. 133, 153 S.E.2d 718 (1967); Lance v. Safwat, 170 Ga. App. 694, 318 S.E.2d 86 (1984).

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.

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.