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Georgia Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Georgia. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Georgia, certain forms may or may not be required by the Georgia courts.
Petition for Divorce (Uncontested)
This two-page form filed by the Plaintiff states that the marriage is irretrievably broken and asks that an agreement between the spouses "be made part of any final decree."
Petition for Divorce (Contested)
This two-page form, which must be verified and notarized, is filed by the Plaintiff, who may ask for temporary and permanent child support and alimony, an equitable division and distribution of assets and liabilities and the costs of the action. It states that the marriage is irretrievably broken and asks that an agreement between the spouses "be made part of any final decree."
This one-page form gives the Defendant 30 days to file an answer or face a Judgment by Default. It is signed by the Clerk of Courts and dated by the Deputy Sheriff where the action is filed.
Sheriff's Entry of Service
This one-page form records that the County Sheriff delivered a copy of the divorce papers and the Summons to the Defendant.
Acknowledgment of Service and Consent to Jurisdiction
When he or she agrees with the divorce, the Defendant signs this Acknowledgment of Service and Consent to Jurisdiction, a one-page form in which he consents the jurisdiction of the Court and waives further notice of hearings. This form can bypass the need for a formal service of a Summons, and it is a step toward moving a divorce action expeditiously.
Rule Nisi (Notice of Hearing)
During the course of the divorce action, a party may file a Rule Nisi (Notice of Hearing) form, which directs the other party to appear and show cause ofwhy something requested should not be done. A Rule Nisi Hearing is a Show-Cause Hearing.
Domestic Relations Financial Affidavit
This four-page form, filed by both the Plaintiff and Defendant, profiles the income and expenses of the party as well as his or her assets and liabilities.
This is a one-page cover sheet filed by the party initiating the action. As it applies to a divorce, the form indicates whether of not the parties have achieved a marital settlement agreement.
Domestic Relations Case Filing Information Form
This one-page form is a cover sheet filed by the Plaintiff in domestic relations cases. It designates the type of action, and notes whether Ex Parte relief from family violence was requested and granted.
Report of Divorce, Annulment, or Dissolution of Marriage
This form records the particulars of the divorce for the state of Georgia.
AgreementThe agreement spells out the terms and conditions of the divorce, including child custody and visitation, access and decisions, communication, child support as well as alimony and the division and distribution of marital assets and liabilities. taxes, insurance. Signed by both the Plaintiff and Defendant, the agreement is notarized.
Child Support Guidelines Worksheet
This complicated form, used to calculate child support, is based on the Georgia Schedule of Basic Child Support Obligations. The form, which also includes five appended schedules, determines the amount of support the Noncustodial parent pays the Custodial parent, and it reflects the combined adjusted gross income of both parents.
Affidavit Regarding Custody
This form, which is signed and filed by the Plaintiff and which must be notarized, identifies the minor children of the marriage, establishes their place of residence for the past five years, stipulates whether or not the Plaintiff has been a party to any litigation concerning the custody of the children, whether or not he or she has any information about "any custody proceeding concerning the children" in Georgia or elsewhere, and whether or not the Plaintiff knows of any other party who "has physical custody of the children or claims to have custody or visitation rights..."
Answer and Counterclaim
The Defendant files an Answer and Counterclaim when he or she admits the allegations in the Plaintiff's Complaint and agrees with the divorce action. This form is not used in a contested divorce. It is used when the couple have an agreement and the wife is the Defendant who wants to reclaim her birth name.
Final Judgement and Decree (Uncontested)
This one page form, signed by a judge, ends the marriage.
Final Judgement and Decree of Divorce (Contested)
This form, which ends the marriage, incorporates the marital settlement agreement of the parties, spells out the terms of child support, if applicable. It is also stipulates that Alimony and Support Unit and Income Deduction Orders, which provide for automatic deduction of these monies, are also entered contemporaneously with the decree.
Affidavit of Publication and Diligent Search
This form certifies that the Plaintiff has made a good-faith effort to serve the divorce papers on a missing spouse who cannot or will not be found. This Affidavit must be filed before the Plaintiff may serve the Defendant by publication.
Order of Publication
This order, signed after the Plaintiff files the Affidavit of Publication and Diligent Search, permits him or her to advertise the action four times in the ensuing 60 days, with at least seven day intervals between publications.
Notice of Publication
This notice gives the Defendant 60 days to respond to the action.
In a Georgia divorce, the mother is not automatically given custody of the children. The judge considers the best interests of the child. The court considers the age and gender of the child, the child's relationship with each parent, and the ability of each parent to take care of the child. Sometimes, the court will allow a child over 14 years old to choose who he or she will live with. Visitation rights are usually given to the parent who does not get legal custody.
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