The Georgia Divorce form is a legal document used to initiate the process of divorce in the state of Georgia. This form outlines essential information about the marriage, such as residency, children, and grounds for divorce, and serves as a formal request for the court to grant a divorce. To begin your divorce proceedings, fill out the form by clicking the button below.
Filing for divorce can be a daunting process, but understanding the necessary forms can help ease some of the stress. In Georgia, the primary document used to initiate a divorce is the Petition for Divorce, which serves as a formal request to the court to dissolve the marriage. This form requires the petitioner to provide critical information, including residency details, the date of marriage, and the date of separation. Additionally, it addresses matters such as child custody, visitation rights, and child support if minor children are involved. The form also includes sections for outlining marital property and debts, as well as any requests for alimony. Importantly, the petitioner must indicate the grounds for divorce, which could range from irretrievable breakdown of the marriage to instances of cruel treatment. By clearly laying out these details, the form not only facilitates the legal process but also ensures that both parties are aware of their rights and responsibilities moving forward.
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
Petition for Divorce-rev. 06/2012
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© 1999 Fulton County Superior Court Family Division
of those who cannot be found within the State pursuant to O.C.G.A. §9-11-4(f)(1). The clerk shall mail a copy of the Notice, Order for Service by Publication, Petition for Divorce to the last known address of Respondent which is ________
________________________________________________ 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. § 9-10-91(5). Respondent may be served at Respondent's residence address of
____________________________________________________________
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. §9-11-4(f)(1). The clerk shall mail a copy of the Notice, Order for Service by Publication, Petition for Divorce to the last known address of Respondent which is ________
________________________________________________ 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.)
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. §9-11- 4(f)(1). The clerk shall mail a copy of the Notice, Order for Service by Publication, and Petition for Divorce to the last known address of Respondent which is _____________
_____________________________________________________________________
within 15 days of filing of the Order of Service by Publication
Petition for Divorce-rev. 6/2012
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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:
Name of child
Sex(m/f)
Date of Birth
Resides with mother/father/other
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:
Address
Resided with
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.
County/State/Court
Type of custody action
Date Filed
Status
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:
Name
Claim
____________________________
___________________________________
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))
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.)
Creditor
Balance
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]
[month]
[year]
Respectfully submitted,
__________________________________________________
(Sign your name here)
PRO SE
Petitioner’s name (print or type):
________
Petitioner’s address:
Petitioner’s telephone number: (
) ________
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Filling out the Georgia Divorce form requires careful attention to detail. The process involves providing accurate information about your marriage, children, and any agreements related to the divorce. Once completed, this form will be submitted to the appropriate court for processing.
The Georgia Divorce form is a legal document used to initiate a divorce proceeding in the state of Georgia. It provides the necessary information for the court to understand the circumstances of the marriage, the parties involved, and the grounds for divorce. This form must be filed in the appropriate Superior Court, typically in the county where either spouse resides.
Either spouse can file the Georgia Divorce form, referred to as the Petitioner. To qualify, one spouse must have been a resident of Georgia for at least six months before filing. If the Petitioner is not a resident, the other spouse must have lived in Georgia for the same duration.
The form requires various details, including:
If minor children are part of the marriage, the form requires specific information about their custody, visitation rights, and child support. The Petitioner must indicate the current living arrangements of the children and any previous custody actions that may have taken place.
In Georgia, the primary grounds for divorce include:
The Petitioner must select the grounds they can prove in court.
Yes, the Petitioner can request alimony. The form allows the Petitioner to indicate whether they are seeking alimony and to provide a brief explanation of their request. However, if the court lacks personal jurisdiction over the Respondent, the issue of alimony may not be decided.
If the Respondent's whereabouts are unknown, the Petitioner can still proceed by filing an Affidavit of Due Diligence. This document must be attached to the divorce form, and the court may allow service by publication, meaning that notice of the divorce will be published in a local newspaper.
Marital property in Georgia is subject to equitable division, meaning that the court will divide the property fairly, though not necessarily equally. The Petitioner must disclose all marital property and debts in the form. If the parties have already divided their property, they should indicate that on the form.
After filing the form, the Petitioner must serve the Respondent with a copy of the divorce papers. This can be done through personal service, mail, or publication if the Respondent cannot be located. Following service, the Respondent has a specified period to respond. If no response is received, the Petitioner may proceed with a default judgment.
Incorrect Residency Information: Failing to accurately state residency can lead to jurisdiction issues. Ensure you check the correct box that applies to your situation, whether you or your spouse has been a resident of Georgia for the required time.
Missing Spouse Information: Omitting the full name or contact details of the respondent can delay the process. Double-check that all required fields about your spouse are filled out completely.
Neglecting to Specify Children: If there are minor children, be sure to fill out the section regarding their details. This includes names, birth dates, and current living arrangements. Missing this information can complicate custody arrangements.
Improper Grounds for Divorce: Selecting grounds that cannot be proven can result in dismissal. Make sure to choose valid grounds for divorce that you can substantiate in court.
Ignoring Financial Disclosures: Failing to disclose income or assets can lead to legal complications later. Complete all sections regarding employment, income, and any marital property or debts accurately.
Forgetting to Sign and Date: It's easy to overlook, but not signing and dating the form can render it invalid. Always review the document to ensure it is properly executed before submission.
When navigating a divorce in Georgia, several forms and documents may accompany the primary divorce petition. Each document serves a specific purpose and helps clarify various aspects of the divorce process. Below is a list of commonly used documents alongside the Georgia Divorce form.
Understanding these accompanying documents can significantly ease the divorce process. Each document plays a crucial role in ensuring that all aspects of the divorce are addressed, protecting the rights and interests of both parties involved.
The Georgia Divorce form is similar to the Petition for Legal Separation. Both documents initiate a legal process regarding the end of a marriage, but a legal separation allows couples to live apart while remaining legally married. This form also outlines the terms of separation, including custody arrangements, property division, and support obligations, similar to how the divorce form addresses these issues. Both forms require information about the parties involved, their residency, and any children, ensuring that the court has the necessary context to make informed decisions.
Another document akin to the Georgia Divorce form is the Child Custody Agreement. This agreement focuses specifically on the arrangements for children involved in a divorce or separation. While the divorce form addresses custody as part of the overall divorce proceedings, the Child Custody Agreement provides a detailed plan for custody and visitation. Both documents require information about the children's living arrangements and parental responsibilities, ensuring that the best interests of the children are prioritized.
The Marital Settlement Agreement is another related document. This agreement outlines the terms of property division, debt allocation, and other financial matters between spouses. While the divorce form includes sections on marital property and debts, the Marital Settlement Agreement provides a more comprehensive and detailed account of how these matters will be resolved. Both documents aim to clarify the financial aspects of a marriage dissolution, ensuring that both parties understand their rights and obligations.
The Affidavit of Support is also similar in purpose to the Georgia Divorce form, particularly when financial support is a consideration. While the divorce form addresses child support and alimony, the Affidavit of Support is often used in immigration cases to demonstrate that a spouse can financially support their partner. Both documents require financial disclosures and evidence of income, establishing the financial responsibilities of one party to another.
The Petition for Modification of Custody is another document that shares similarities with the Georgia Divorce form. This petition is used when a parent seeks to change an existing custody arrangement. While the divorce form establishes initial custody terms, the modification petition allows for adjustments based on changes in circumstances. Both documents emphasize the importance of the children's welfare and require detailed information regarding the current custody situation.
The Temporary Restraining Order (TRO) can also be compared to the Georgia Divorce form, particularly in cases involving domestic issues. A TRO may be filed to protect one spouse from the other during divorce proceedings. While the divorce form focuses on the dissolution of the marriage, a TRO addresses immediate safety concerns and legal protections. Both documents are part of the broader legal framework that governs family law and marital disputes.
The Petition for Name Change is another document that may be relevant after a divorce. While the Georgia Divorce form allows for the restoration of a former name, a separate Petition for Name Change formally requests the court to change a person's name. Both documents require similar information about the individual and their reasons for the name change, ensuring that the court has the necessary context for the request.
The Joint Petition for Divorce is similar in that it allows both spouses to file together, indicating mutual agreement on the terms of the divorce. This form simplifies the process by allowing both parties to agree on issues like property division and custody arrangements, much like the Georgia Divorce form. Both documents aim to facilitate a smoother divorce process by promoting cooperation between the parties involved.
Lastly, the Petition for Annulment shares similarities with the Georgia Divorce form. An annulment legally declares that a marriage was invalid from the start, while a divorce ends a valid marriage. Both documents require similar information regarding the parties and the circumstances of the marriage. They both also address issues related to children and property, although the grounds for annulment differ from those for divorce.
When filling out the Georgia Divorce form, it is essential to follow specific guidelines to ensure the process goes smoothly. Here are eight things you should and shouldn't do:
This is not true. The form can be used by couples without minor children as well. Whether or not children are involved, the process for filing for divorce in Georgia remains the same, and the form accommodates both scenarios.
While having legal representation can be beneficial, it is not a requirement. Individuals can represent themselves and complete the form on their own. The form is designed to be accessible to those who may not have legal training.
Filing the form is just the beginning of the divorce process. The timeline for finalizing a divorce can vary greatly depending on several factors, including court schedules, the complexity of the case, and whether both parties agree on the terms.
This is incorrect. As long as one spouse meets the residency requirements in Georgia, they can file for divorce. The form includes provisions for situations where the other spouse resides out of state.
This is misleading. Divorce cases can differ significantly based on factors such as the presence of children, marital property, and whether the parties agree on terms. The Georgia Divorce form includes various sections to address these differences, allowing for tailored submissions based on individual circumstances.
Filling out the Georgia Divorce form can be a significant step in navigating the complexities of ending a marriage. Here are key takeaways to consider:
Completing the Georgia Divorce form with care and attention to detail can help ensure that your rights and interests are protected throughout the divorce process.