Article Guide
The Georgia Divorce form is a crucial document for individuals seeking to initiate a divorce in the state. It outlines various essential details that the court requires to process the divorce petition. The form begins with identifying the parties involved, including the Petitioner and Respondent, and establishes jurisdiction based on residency. It allows individuals to indicate their living arrangements and how they plan to serve the Respondent, whether through direct service or publication. Key aspects of the form include information about the marriage, such as the date of marriage and separation, as well as details regarding any children involved, including custody arrangements and child support. Additionally, the form addresses marital property and debts, ensuring that both parties have the opportunity to present their claims. It also provides options for seeking alimony and restoring a former name. By completing this form accurately, individuals can move forward in the divorce process while ensuring that all necessary legal considerations are addressed.
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IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FAMILY DIVISION
Petitioner:
and
Civil Action File No:
Respondent:
PETITION FOR DIVORCE
I, _______________________________________, representing myself, state that:
1.Subject Matter Jurisdiction: I am the Petitioner in this action, and (Check (a) or (b))
a) I have been a resident of the State of Georgia for more than six (6) months prior to filing this action.
b) I am not a resident of the State of Georgia, but my spouse has been a resident of the State of Georgia and a resident of Fulton County for at least six (6) months prior to my filing of this action.
2.Venue: My spouse’s name is _____________________________. He/She is the Respondent in this action. (Check (a), (b), (c), (d) or (e))
a) The Respondent is a resident of Fulton County and is subject to the jurisdiction of this Court. (Check (1) (2), (3) or (4))
1) The Respondent has consented to the Jurisdiction of this Court and has acknowledged service of process and jurisdiction of this Court. (Check the box below if you and your spouse have a separation agreement that you want to have made a part of your divorce decree.)
Attached to this Petition for Divorce is a Separation Agreement which my spouse and I desire to be incorporated into our final judgment and decree for divorce.
2) The Respondent may be served at Respondent's residence address of______________________________________________________________.
3) The Respondent may be served at Respondent's work address of
________________________________________________________________.
The Respondent works in _____________County and shall be served by second original.
4) The Respondent’s whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit A The Respondent shall be served by publication as is provided by law in the case
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of those who cannot be found within the State pursuant to O.C.G.A.
________________________________________________ within 15 days of
filing of the Order of Service by Publication.
b) The Respondent is a resident of _______________ County, but Respondent and I lived together in Fulton County at the time we separated, Respondent has only moved from Fulton County within the past six months from the date of this filing, and I am a resident of Fulton County. The Respondent shall be served by second original at his/her home/work address of _____________________________________________________________.
c) The Respondent is a resident of _______________ County, and I live in Fulton County. The Respondent has consented to the jurisdiction of the Court and has acknowledged service of process and venue of this Court. (Check the box below if you and your spouse has a separation agreement that you want to be a part of your divorce decree.)
Attached to this Complaint for Divorce is a Separation Agreement which my spouse and I desire to be incorporated into our final judgment and decree for divorce.
d) The Respondent is not a resident of the State of Georgia, but I am resident of Fulton County and (Check (1), (2) or (3)).
1) The Respondent was formerly a resident of the State of Georgia and presently is a resident of the State of _______________. Respondent may be served by
second original pursuant to the Long Arm Statute, O.C.G.A. §
____________________________________________________________
2) The Respondent’s whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit A The Respondent shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A.
________________________________________________ within 15 days of filing of the Order of Service by Publication.
3) The Respondent has consented to the jurisdiction of the Court and has Acknowledged service of process and venue of this Court. (Check the box
below if you and your spouse has a separation agreement that you want to be a part of your divorce decree.)
Attached to this Complaint for Divorce is a Separation Agreement which my spouse and I desire to be incorporated into our final judgment and decree for divorce.
e) I am a resident of Fulton County and the Respondent’s whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit A. The Respondent shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A.
_____________________________________________________________________
within 15 days of filing of the Order of Service by Publication
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3.Date of Marriage: (Check (a) or (b))
a) The Respondent and I were lawfully married on _________________________.
b) The Respondent and I are common law married having entered into a common law marriage before January 1, 1997 as of _________________________.
4.Date of Separation: Respondent and I separated on _________________________ and have remained in a bona fide state of separation since that date.
5.Children: (Check (a) or (b)
a) There are no minor children of this marriage.
b) Respondent and I are the parents of _____ minor children:
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Resides with mother/father/other |
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6.Custody/Visitation: (Check (a), (b), (c), or (d))
a) I am entitled to the temporary and permanent primary legal and physical custody of these children.
b) I am entitled to joint legal and primary physical custody of these children.
c) I am entitled to joint legal and joint physical custody of these children.
d) I am entitled to reasonable visitation with these children.
7.Children’s Place of Residence
The minor children of the parties currently reside at_________________________ with
_________________________. During the past five years, the minor children have lived at the addresses below with the following persons:
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8.Other Custody Actions: (If there are minor children, check (a) or (b))
a) I have not participated as a party, or witness, or in any capacity in any other litigation concerning the custody of the minor children in this or any other state. I do not know of any custody proceeding concerning the minor children which may be pending in a Court in this or any other state.
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b) The minor children have been involved in the following custody actions.
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9.Other Persons with Claims to Children: (If there are minor children, check (a) or (b))
a) I know of no other person, not a party to this proceeding, who has physical custody of the children or claims to have custody or visitation rights with respect to the minor children.
b) The following persons who are not a party to this proceeding have custody or visitation
rights with the minor children: |
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Claim |
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10.Child Support: (Complete if there are minor children. Check (a) or (b))
a) I am employed by _________________________ earning_________________________
per month. The Respondent is an able bodied person capable of earning sufficient money to support the minor children. Respondent is employed by __________________
_________________________ earning _________________________ per month and I am in need of financial assistance from the Respondent for the support of the minor children.
I have have not completed the Child Support Worksheet and Schedules pursuant to the Georgia Child Support Guidelines which became effective January 1, 2007.
b) The issue of child support cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse.
11.Health Insurance for Minor Children: (Complete if there are minor children. (Check (a), (b) or (c))
a) Respondent should be ordered to maintain a policy for dental, medical, and hospitalization insurance for the minor children. (Check (1), (2) or (3))
1) Respondent should be responsible for uncovered costs.
2) The Parties should share the uncovered costs.
3) Petitioner should be responsible for uncovered costs.
b) Respondent and I should share the costs of dental, medical, and hospitalization insurance for the minor children. (Check (1), (2) or (3))
1) Respondent should be responsible for uncovered costs.
2) The Parties should share the uncovered costs.
3) Petitioner should be responsible for uncovered costs.
c) The issue of insurance cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse
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12.Life Insurance for the Minor Children: (Check if there are minor children, and you want your spouse to have life insurance for the minor children. (Check (a) or (b))
a) Respondent should be ordered to maintain life insurance for the benefit of the minor children.
b) The issue of obtaining life insurance cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse.
13.Alimony: I am/am not seeking alimony because ___________________________________. The issue of alimony cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse.
14.Marital Property: (Check (a), (b), (c) or (d))
a) Respondent and I have no marital property.
b) Respondent and I have already divided our marital property to our mutual satisfaction.
c) Respondent and I have the following marital property that I have checked, and I am seeking an equitable division of this property:
___house located at _____________________________________________________
___pension/retirement (mine_______________, spouse’s________________________
___motor vehicles (model/year
___furniture (list or attach list
___bank accounts and investments (list or attach list
___other (list or attach list
d) The issue of the division of marital property cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse.
15.Joint Debts: Check (a), (b), or (c))
a) Respondent and I have no outstanding joint debts
b) Respondent and I have the following outstanding joint debts and he/she should be (solely liable for payment of these debts/ jointly liable for payment of these debts/responsible for payment of the debts that I checked.)
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c) The issue of the division of joint debts cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse.
16. Restore Former Name: My former name is _________________________ and I request that it be restored to me.
17. Grounds for Divorce. My grounds for an absolute divorce are: (Check the grounds that you can prove at trial)
a) The marriage is irretrievably broken. My Spouse and I can no longer live together. There is no hope of that the two of us will get back together.
b) Cruel treatment. My spouse committed the following acts of cruel treatment to me such that I am afraid that he/she will hurt me in the future:
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_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
c) Adultery. My spouse has had sexual intercourse outside of the marriage.
d) Desertion. On or about _________________________, my spouse, without just cause or reason, intentionally abandoned and deserted me for a period of at least one year as follows:
e) Intermarriage. My spouse and I are related as follows: _________________________
______________________________________________________________________
f) Mental incapacity. I did not have the mental capacity to enter into a marriage when we married because
g) Impotency. My spouse was impotent at the time of our marriage, and I was not aware of this.
h) Force, menace, duress, fraud in obtaining the marriage. I entered into this marriage against my will as a result of
i) Pregnancy of the wife at the time of the marriage unknown to the husband. I did not know that my spouse was pregnant by another man when we got married
j) Conviction of party for an offense involving moral turpitude. On or about
_________________________ my spouse was sentenced to serve at least two years in the penitentiary for the following: ___________________________________________
k) Habitual intoxication. My spouse is repeatedly intoxicated.
l) Incurable mental illness. My spouse has been adjudged mentally ill by a court of competent jurisdiction. My spouse has been confined in an institution for the mentally ill for a period of at least two years immediately preceding this action. My spouse's mental illness has been determined to be incurable by competent examiners, and I have attached a certified statement that it is this person's opinion that my spouse is hopelessly and incurably mentally ill.
m) Habitual Drug Addiction: My spouse is addicted to drugs as follows:
FOR THESE REASONS, I request (check all that apply)
a) That a Rule Nisi be issued directing the Respondent to show cause why my prayers should not be granted;
b) Temporary and Permanent Custody of the minor children;
c) Joint custody of the minor children;
d) Visitation with the minor children;
e) Child Support;
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f) Medical, Dental and Hospitalization insurance for the children;
g) Life Insurance for the benefit of the minor children;
h) Alimony;
i) An award of the marital property listed in paragraph (14c);
j) Respondent to pay the joint debts listed in paragraph (I5b);
k) That all issues of child support, health insurance for the minor children, life insurance for
the minor children, alimony, division of property and debts be held in abeyance until such time as this court has personal jurisdiction over my spouse.
l) A change back to my former name;
m) A restraining order to restrain and enjoin the Respondent from harassing, molesting or threatening me in any way whatsoever;
n) A total divorce, a vinculo matrimonii, from Respondent;
o) Respondent is served with a copy of my Complaint for Divorce;
p) That the Separation Agreement attached to this petition be made the Order of this Court; and
q) Any other appropriate relief.
This the ______________day of _______________________________, _____.
[date] |
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Respectfully submitted, |
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__________________________________________________ |
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(Sign your name here) |
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PRO SE |
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Petitioner’s name (print or type): |
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Petitioner’s address: |
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Petitioner’s telephone number: ( |
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Form Specifications
| Fact Name | Description |
|---|---|
| Governing Law | The Georgia Divorce form is governed by O.C.G.A. § 19-5-1 et seq. |
| Residency Requirement | The petitioner must be a resident of Georgia for at least six months before filing for divorce. |
| Separation Agreement | Petitioners can attach a separation agreement to be incorporated into the final divorce decree. |
| Children's Custody | The form includes sections to address custody arrangements for minor children, if applicable. |
| Grounds for Divorce | The form allows the petitioner to select from various grounds for divorce, including irretrievable breakdown. |
| Restoration of Former Name | Petitioners can request to restore their former name as part of the divorce proceedings. |
Georgia Divorce: Usage Guidelines
Filling out the Georgia Divorce form requires careful attention to detail. Each section must be completed accurately to ensure the process moves forward smoothly. After submitting the form, the next steps will involve serving your spouse with the divorce papers and potentially attending court hearings.
- Begin by entering your name in the space provided for the Petitioner.
- Fill in the name of your spouse in the Respondent section.
- Indicate your residency status by checking either option (a) or (b) under Subject Matter Jurisdiction.
- Provide your spouse's name and check the appropriate option under Venue.
- Complete the Date of Marriage section by checking (a) or (b) and entering the relevant date.
- Fill in the Date of Separation, noting when you and your spouse separated.
- In the Children section, check (a) or (b) based on whether there are minor children, and if applicable, list their names, sex, and dates of birth.
- Indicate your custody preferences by checking (a), (b), (c), or (d) in the Custody/Visitation section.
- Provide the current residence of the minor children in the Children’s Place of Residence section.
- Check either (a) or (b) regarding other custody actions involving the minor children.
- In the Other Persons with Claims to Children section, check (a) or (b) and provide details if applicable.
- Complete the Child Support section by checking (a) or (b) and providing necessary employment and income information.
- In the Health Insurance for Minor Children section, check (a), (b), or (c) and specify details about insurance responsibilities.
- Indicate your preferences regarding Life Insurance for the Minor Children by checking (a) or (b).
- State whether you are seeking alimony and provide reasons if applicable.
- In the Marital Property section, check (a), (b), (c), or (d) and detail any marital property you wish to address.
- Complete the Joint Debts section by checking (a), (b), or (c) and providing relevant information about debts.
- If applicable, fill in your former name in the Restore Former Name section.
- Finally, check the appropriate grounds for divorce in the Grounds for Divorce section.
Your Questions, Answered
What is the Georgia Divorce form used for?
The Georgia Divorce form is a legal document used to initiate a divorce proceeding in the state of Georgia. It outlines essential information about the marriage, including residency requirements, custody arrangements, and division of property. This form is submitted to the Superior Court of Fulton County, where the divorce is filed.
Who can file for divorce using this form?
Either spouse can file for divorce using this form. The person filing is referred to as the Petitioner, while the other spouse is the Respondent. The Petitioner must meet residency requirements, which include living in Georgia for at least six months prior to filing or having a spouse who has lived in Georgia for that duration.
What information do I need to complete the form?
You will need to provide personal details such as your name, your spouse's name, the date of marriage, and the date of separation. If there are minor children involved, you must include their names, dates of birth, and custody arrangements. Additionally, you may need to disclose any marital property or debts and specify if you are seeking alimony.
What if my spouse cannot be located?
If you cannot locate your spouse, you can still file for divorce by indicating this on the form. You will need to provide an Affidavit of Due Diligence, which shows that you have made efforts to find your spouse. In such cases, the court may allow service by publication, meaning that a notice will be published in a local newspaper to inform your spouse of the divorce proceedings.
What is the difference between joint custody and sole custody?
Joint custody means that both parents share legal and physical custody of the children, allowing them to make decisions together regarding their upbringing. Sole custody, on the other hand, grants one parent the exclusive right to make decisions for the children and may involve the other parent having visitation rights. Your choice will depend on the circumstances of your situation and what is in the best interest of the children.
Can I request alimony in my divorce petition?
Yes, you can request alimony in your divorce petition. Alimony is financial support paid by one spouse to the other after a divorce. You must indicate whether you are seeking alimony on the form and provide reasons for your request. If personal jurisdiction over your spouse cannot be established, the issue of alimony may not be decided in the action.
What happens to marital property during a divorce?
Marital property is typically divided equitably between both spouses during a divorce. You will need to list any marital property on the form and indicate how you wish it to be divided. If you and your spouse have already agreed on the division of property, you can note that as well. If jurisdiction issues arise, the court may not be able to address property division.
Is there a fee to file for divorce in Georgia?
Yes, there is a filing fee associated with submitting the divorce form to the court. The fee may vary depending on the county. It’s important to check with the Fulton County Superior Court for the exact amount and payment methods. If you cannot afford the fee, you may be able to request a fee waiver based on your financial situation.
Common mistakes
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Incomplete Information: Failing to fill in all required fields can lead to delays or even dismissal of the petition. Ensure that names, addresses, and other essential details are accurately provided.
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Incorrect Residency Claims: Misrepresenting residency status can result in jurisdictional issues. Confirm that you meet the residency requirements before filing.
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Neglecting to Attach Required Documents: Forgetting to include necessary documents, such as the Affidavit of Due Diligence or Separation Agreement, may hinder the process. Always double-check for attachments.
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Improper Grounds for Divorce: Selecting grounds that cannot be proven at trial can lead to complications. Carefully choose the grounds based on your situation and ensure you can substantiate them.
Documents used along the form
When filing for divorce in Georgia, several other forms and documents may accompany the Georgia Divorce form. Each of these documents serves a specific purpose in the divorce process, ensuring that all legal requirements are met and that both parties are informed of their rights and responsibilities.
- Separation Agreement: This document outlines the terms agreed upon by both spouses regarding the division of assets, debts, and any arrangements for child custody and support. It can be incorporated into the final divorce decree.
- Affidavit of Due Diligence: If one spouse cannot be located, this affidavit demonstrates the efforts made to find them. It is crucial for serving divorce papers by publication if necessary.
- Child Support Worksheet: This form calculates the amount of child support one parent may owe to the other. It follows Georgia’s Child Support Guidelines and considers income and expenses related to the children.
- Parenting Plan: If children are involved, this document outlines custody arrangements, visitation schedules, and decision-making responsibilities. It helps ensure that both parents have a clear understanding of their roles post-divorce.
- Notice of Publication: If the respondent cannot be located, this notice is published in a local newspaper. It informs the public of the divorce proceedings and provides an opportunity for the respondent to respond.
- Financial Affidavit: This form requires each spouse to disclose their financial situation, including income, expenses, assets, and debts. It is essential for determining issues like alimony and child support.
- Motion for Temporary Relief: If immediate financial support or custody arrangements are needed during the divorce process, this motion requests temporary orders from the court until the divorce is finalized.
- Final Judgment and Decree: This document is issued by the court at the end of the divorce proceedings. It officially terminates the marriage and outlines the terms agreed upon or decided by the court regarding custody, support, and property division.
Understanding these forms and documents can help streamline the divorce process. Each one plays a vital role in ensuring that the rights of both parties are protected and that the best interests of any children involved are prioritized. Being well-prepared can make a challenging time a bit easier to navigate.
Similar forms
Georgia Separation Agreement: Similar to the Divorce form, this document outlines the terms agreed upon by both spouses regarding the division of assets, debts, and child custody arrangements. It serves as a legal record of the couple's decisions and can be incorporated into the divorce decree.
Georgia Child Support Worksheet: This form is used to calculate child support obligations. Like the Divorce form, it requires information about both parents' incomes and expenses related to the children. It ensures that financial responsibilities are clearly defined and legally enforceable.
Georgia Petition for Modification of Child Support: This document allows a parent to request changes to existing child support arrangements. It shares similarities with the Divorce form in that it requires detailed financial information and outlines the reasons for the requested modification.
Georgia Custody Agreement: This document details the custody arrangements for minor children following a divorce. Similar to the Divorce form, it addresses living arrangements, visitation schedules, and decision-making responsibilities, ensuring the best interests of the children are prioritized.
Dos and Don'ts
When filling out the Georgia Divorce form, it is essential to be thorough and accurate. Here are some guidelines to follow:
- Do provide complete and accurate information about your residency and that of your spouse.
- Do check all applicable boxes to ensure your intentions are clear regarding custody, support, and property.
- Do attach any relevant documents, such as a Separation Agreement, to support your claims.
- Do review your form for errors before submission to avoid delays in processing.
- Don't leave any sections blank; incomplete forms may be rejected.
- Don't provide false information, as this can have serious legal consequences.
Misconceptions
Misconceptions about the Georgia Divorce form can lead to confusion and potential errors in the filing process. Here are seven common misconceptions, along with clarifications to help you understand the form better.
- Misconception 1: You must hire a lawyer to file for divorce.
- Misconception 2: You can file for divorce without being a resident of Georgia.
- Misconception 3: The divorce process is the same regardless of whether children are involved.
- Misconception 4: You can submit the form without providing complete information.
- Misconception 5: You can only file for divorce if both spouses agree.
- Misconception 6: The court will automatically grant alimony.
- Misconception 7: All marital property will be divided equally.
While having legal representation can be beneficial, it is not a requirement. Individuals can represent themselves by using the Georgia Divorce form.
To file in Georgia, at least one spouse must have been a resident for six months prior to filing. This is crucial for jurisdiction.
The presence of minor children adds complexity. The form requires additional sections to address custody, visitation, and child support.
Incomplete forms can lead to delays or rejections. All sections must be filled out accurately and completely.
A divorce can be filed unilaterally. Even if one spouse disagrees, the process can still move forward.
Alimony is not guaranteed. The requesting spouse must demonstrate a need for support and prove their case in court.
Georgia follows the principle of equitable distribution. This means property may not be split 50/50 but rather in a manner deemed fair by the court.
Key takeaways
Ensure you meet the residency requirements before filing. You must have lived in Georgia for at least six months or your spouse must be a resident.
Clearly identify both parties in the form. This includes listing the Petitioner (you) and the Respondent (your spouse).
Understand the significance of the separation agreement. If you have one, it can be incorporated into the final divorce decree.
Be prepared to provide the date of marriage and separation. This information is crucial for establishing the timeline of your marriage.
If children are involved, specify their names, genders, and living arrangements. This information helps the court determine custody and visitation rights.
Decide on custody arrangements. You can request primary custody, joint custody, or visitation rights depending on your situation.
Disclose any prior custody actions. If there have been other legal proceedings regarding your children, this must be noted.
Address child support needs. Indicate your income and your spouse’s ability to support the children financially.
Consider health insurance for the children. You can request that your spouse maintain a health insurance policy for them.
Clearly state your grounds for divorce. You can choose from options such as irretrievable breakdown or cruel treatment, ensuring you can support your claims.