The Georgia Final Decree Divorce form is a legal document that officially concludes a marriage, specifically addressing cases involving minor children without a settlement agreement. This form outlines the court's decisions regarding custody, visitation, child support, and other parental rights, ensuring that the welfare of the children is prioritized. Completing this form is a critical step in the divorce process, so take action by filling it out now.
The Georgia Final Decree Divorce form is a crucial document for couples seeking to finalize their divorce, especially when minor children are involved. This form outlines the court's judgment and includes essential elements such as custody and visitation arrangements, child support obligations, and health insurance provisions for the children. It serves as a legal record of the dissolution of marriage, declaring both parties as separate individuals free to remarry. The form also addresses alimony, property division, and other parental rights, ensuring that all pertinent issues are resolved in accordance with Georgia law. Each section requires careful attention, as it allows for specific agreements or orders related to the care and financial support of the children, as well as the distribution of shared assets. By including detailed provisions, such as the Permanent Parenting Plan Order and Child Support Addendum, the form aims to provide clarity and structure to the post-divorce arrangements, ultimately serving the best interests of the children involved.
SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
,
Plaintiff,
Civil Action
vs.
Case Number
Defendant.
FINAL JUDGMENT AND DECREE OF DIVORCE
WITH MINOR CHILDREN
(WITHOUT SETTLEMENT AGREEMENT)
This action came before the Court for trial on
, 200 . The
Plaintiff appeared pro se. The Defendant also appeared [or] did not appear. The Court heard the evidence and considered the matter.
Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the Court that a total divorce be granted between the parties to this case. It is hereby ordered that the marriage contract entered into between the parties is hereby set aside from this date, and fully dissolved. Plaintiff and Defendant in the future shall be held and considered as separate and distinct persons, altogether unconnected by any nuptial union or civil contract whatsoever, and both shall have the right to remarry.
THE COURT HEREBY FINDS THAT the parties have
minor children
together, who are listed below:
Child’s Name
Date of Birth
THE COURT HEREBY ORDERS THE FOLLOWING:
Final Decree of Divorce With Children — Rev. March 2012
Page 1 of 8
Provided by the Gwinnett Family Law Clinic
1.CUSTODY AND VISITATION
These issues have been addressed in the attached Permanent Parenting Plan Order which is hereby made a part of this Final Judgment as if fully set forth here.
2.OTHER PARENTAL RIGHTS
3.CHILD SUPPORT
[Check and complete either (a) or (b). Do not check both (a) and (b).]
(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant, or because the parties have not asked the Court to decide the issue of child support.
(b) This issue has been addressed in the attached Child Support Addendum which is hereby made a part of this Final Judgment as if fully set forth here.
4.INCOME DEDUCTION ORDER
(a) No Income Deduction Order shall be entered, because ______________________
_______________________________________________________________________.
5.HEALTH INSURANCE FOR CHILDREN
(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant, or because neither party has asked the Court to address the issue of health insurance in this action.
_____________________________________________________________________________________
Page 2 of 8
6.OTHER HEALTH CARE EXPENSES FOR THE CHILDREN
[Check and complete either (a) or (b. Do not check both (a) and (b).]
(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant.
7.LIFE INSURANCE FOR THE BENEFIT OF THE CHILDREN
(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant, or because neither party has asked the Court to address the issue of life insurance for the benefit of the children in this action.
(b) The children depend on the
for financial support, and
therefore the
shall maintain a policy of insurance on his/her life,
with a face amount of at least $
, for the benefit of the minor children. The
policy shall be maintained for so long as at least one of the children is a minor or is otherwise entitled to support under the Child Support Addendum.
□(b) The children depend on both of the parties for financial support, and therefore each party shall maintain a policy of insurance on his/her life, with a face amount of at
least $ , for the benefit of the minor children. The policy shall be
maintained for so long as at least one of the children is a minor or is otherwise entitled to support under the Child Support Addendum.
8.ALIMONY.
[Check and complete only one of these, either (a), (b) or (c). Do not check more than one.]
(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant, or because neither party has asked the Court to address the issue of alimony in this action.
(b) The
shall pay to the
as alimony, the sum
of
Dollars ($
) per month,
Page 3 of 8
beginning on
, and continuing monthly thereafter,
[To finish (b), you must check and complete either (1) or (2). Do not check both (1) and (2)]
(1) until the recipient remarries or dies.
(2) for a period of
.
(c) Neither party is entitled to receive alimony from the other party.
9.PROPERTY DIVISION.
[Check and complete either (a), (b) or (c). Do not check more than one.]
(a) This issue is not addressed because the Court does not have personal jurisdiction over the Defendant.
(b) The parties did not obtain any property during their marriage.
(c) The parties have already made a division of their marital property, including any real estate, vehicles, household furniture, furnishings, household goods, equipment, bank accounts, pensions and other personal property. Neither party shall claim any of the property in the possession of the other party as of the date of this Final Judgment.
(d) The parties possess various items of marital property, which shall be divided as provided in this Final Judgment. The parties shall transfer possession and title to their property as follows:
[If you have chosen (c), check and complete only the parts that apply, from (1) through (4) below.]
(1) Marital Home - The marital home of the parties, located at the following
address:
which has the following legal description on the deed to the property:
Page 4 of 8
shall be conveyed to thein fee simple. The
shall be responsible for all taxes, assessments and mortgage loan payments on the
home after the date of
[If you have chosen and completed the preceding paragraph (1), concerning a marital home, you may also check and complete (A) or (B), or both (A) and (B), but neither one is required.]
(A)
The
shall have a lien against the home in the
amount of
Dollars
($
). Upon the sale or transfer of the home, the lien
shall be paid.
(B)
shall immediately begin making reasonable
efforts to refinance the outstanding mortgage/mortgages on the
marital home, so that the
shall no longer be
liable on the mortgage loan(s). If the
is not
able to refinance by
, 200
, the home shall
then be listed for sale at a reasonable price, and all reasonable offers
to purchase the home shall be accepted until sold.
(2) Mobile Home - The parties’ mobile home, which is described as a ______
___________________, with Vehicle Identification Number (VIN) of _________
________________________ shall be transferred to the
shall be responsible for all loan payments on the mobile
(3) Vehicles - The vehicles owned by the parties shall be transferred or retained as follows:
Year/Make/Model of Vehicle
Vehicle ID # (VIN)
Goes to
______________________
___________
The party listed above for each vehicle shall be responsible for all car loan payments, ad valorem taxes, registration fees and insurance on that vehicle
accruing after the following date:
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(4) Other Personal Property - The parties own various other items of personal property, which shall be transferred to the party listed below, on or before
___________________________, 20 . To the Wife
To the Husband
Except as otherwise specifically provided in this Final Judgment, the transfers
listed above shall be completed no later than, and each party shall execute all documents necessary to promptly complete the transfer. Upon the failure of either party to execute and deliver any deed or other document necessary to complete the transfers required by this Final Judgment, this Judgment shall constitute and operate as the properly executed document. The county auditor, county recorder, Department of Motor Vehicles, and all other public and private officials are authorized and directed to accept this Judgment or a properly certified copy of it in lieu of the document regularly required for the conveyance or transfer.
Except as provided in this Judgment, the parties have divided their marital property, including any real estate, vehicles, household furniture, furnishings, household goods, equipment, bank accounts, pensions and other personal property. Neither party shall claim any of the property in the possession of the other party as of the date of this Final Judgment, except as provided in this Final Judgment.
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10.DEBTS.
[Check and complete either (a), (b) or (c). Do not check more than one. Do not list complete account numbers.]
(a) This issue is not addressed in this Final Judgment because the Court does not have personal jurisdiction over the Defendant
(b) The parties have no outstanding joint or marital debts.
(c) The responsibility for payment of the parties’ joint and marital debts shall be as follows:
Creditor
Amount
Responsible Party
$
The responsible party listed above for each debt shall hold the other party harmless for any collections on that debt. If legal action is brought against the other party to recover that debt, the responsible party shall indemnify or hold the other party harmless and, in addition, to pay all attorney’s fees and costs of collection which the other party may incur as a result of the legal action.
11.BANKRUPTCY CONSTRUCTION OF THIS JUDGMENT
The Court finds that, but for the payments and transfers provided in this Final Judgment, the receiving party’s financial independence would be impaired. Therefore, it is the Court’s intention that if either party ever seeks bankruptcy protection, the amounts payable under this Agreement should not be dischargeable in bankruptcy under 11 United
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States Code Section 523(a)(5), as the payments are in the nature of spousal or child support and maintenance. Alternatively, the payments should be nondischargeable in bankruptcy under 11 United States Code Section 523(a)(15).
12.RESTRAINING ORDER
[Check and complete (a) or (b) below. Do not check both.]
(a) No permanent restraining order is entered in this action.
shall be permanently restrained and enjoined
from assaulting, beating, wounding, threatening, harassing and stalking the
This provision shall be enforceable by the Court’s contempt power.
13. RESTORATION OF NAME
[Optional — Check and complete only if applicable.]
The Wife’s former name of
shall
be restored.
14. OTHER SPECIAL PROVISION
This decree entered on
, 200 .
JUDGE
Superior Court of Gwinnett
Page 8 of 8
Completing the Georgia Final Decree Divorce form is a crucial step in finalizing your divorce. This document outlines the court's decisions regarding custody, child support, and property division. Once you fill out this form correctly, you will submit it to the court, where it will be reviewed and processed. Here’s how to fill out the form step-by-step.
The Georgia Final Decree Divorce form is a legal document issued by the court to finalize a divorce. It officially ends the marriage between two parties and outlines the terms regarding custody, child support, alimony, and property division if applicable. This form is particularly used when there are minor children involved and no settlement agreement has been reached.
Either spouse can file the Georgia Final Decree Divorce form, but it is typically filed by the plaintiff, the spouse initiating the divorce. Both parties must be residents of Georgia, and at least one spouse must have lived in the state for six months prior to filing.
The form requires several key pieces of information, including:
If one spouse does not appear in court, the court may still proceed with the divorce. The judge will consider the evidence presented by the appearing spouse and may issue a ruling based on that information. However, the absent spouse may lose their opportunity to contest any claims made.
Child support is typically outlined in the attached Child Support Addendum. This addendum details the financial responsibilities of each parent regarding their children. If child support is not addressed in the decree, it may be due to a lack of jurisdiction or the parties not requesting it during the proceedings.
Yes, once the Final Decree of Divorce is issued, both parties are legally considered single and free to remarry. The decree officially dissolves the marriage contract and all associated legal obligations.
If there are disagreements about the terms outlined in the Final Decree, parties may need to seek mediation or file a motion with the court to modify the terms. It is essential to follow legal procedures to ensure that any changes are recognized by the court.
Incomplete Information: Many people fail to fill in all required fields, such as the case number or the names and birth dates of the minor children. This can delay the process significantly.
Checking Multiple Options: Some individuals mistakenly check more than one option in sections that require a single choice, like custody or child support. This creates confusion and can lead to the court rejecting the form.
Missing Signatures: It’s common to overlook the need for signatures. Both parties must sign the form where indicated, and missing signatures can lead to delays or a denial of the request.
Not Following Instructions: Each section of the form has specific instructions. Failing to follow these can result in incomplete or incorrect submissions. It’s essential to read and understand each part before filling it out.
Neglecting Attachments: Some people forget to include necessary attachments, such as the Permanent Parenting Plan Order or Child Support Addendum. These documents are crucial and must accompany the Final Decree for it to be valid.
When navigating the divorce process in Georgia, several forms and documents often accompany the Final Decree Divorce form. Each of these documents serves a specific purpose, ensuring that all aspects of the divorce are addressed comprehensively. Here’s a brief overview of some of the commonly used forms:
Understanding these documents can significantly ease the divorce process. Each plays a vital role in ensuring that all parties are informed and protected, particularly when children are involved. Being well-prepared with the right forms can lead to a smoother transition into post-divorce life.
The Georgia Final Decree Divorce form shares similarities with the Child Support Agreement. Both documents address the financial responsibilities of parents towards their children following a divorce. The Child Support Agreement outlines the specific amounts to be paid for child support, while the Final Decree may reference an attached Child Support Addendum. This addendum details the obligations and arrangements for child support, ensuring that children's needs are prioritized and met after the dissolution of the marriage.
Another document that aligns closely with the Georgia Final Decree Divorce form is the Parenting Plan. This document is crucial for divorced parents as it outlines custody arrangements and visitation schedules. Similar to the Final Decree, the Parenting Plan is often incorporated into the court's final judgment, ensuring that both parents have clear expectations regarding their roles and responsibilities. The emphasis on the well-being of minor children is a common thread between these two documents.
The Separation Agreement also bears resemblance to the Georgia Final Decree Divorce form. A Separation Agreement is typically drafted when spouses decide to live apart but are not yet divorced. This document can cover similar topics, such as child custody, support, and property division. When the divorce is finalized, the terms of the Separation Agreement may be integrated into the Final Decree, streamlining the process and providing continuity in the resolution of marital issues.
The Marital Settlement Agreement is another document that parallels the Final Decree Divorce form. This agreement is created when spouses mutually agree on the terms of their divorce, including asset division and support obligations. Like the Final Decree, it can be submitted to the court for approval. If the court finds the terms fair and reasonable, it can be incorporated into the Final Judgment, thereby formalizing the arrangement and making it enforceable.
Lastly, the Certificate of Dissolution of Marriage is similar in that it serves as a formal record of the divorce. This document is filed with the court to officially terminate the marriage. While the Final Decree outlines the specifics of the divorce, the Certificate provides a summary of the dissolution. Both documents are essential in establishing that the marriage has been legally ended and that both parties are free to remarry, thus reinforcing the legal closure of the marital relationship.
When filling out the Georgia Final Decree Divorce form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are five things you should and shouldn't do:
Understanding the Georgia Final Decree Divorce form can be challenging. Here are seven common misconceptions about this legal document:
Ensure that the Georgia Final Decree Divorce form is filled out completely and accurately. Incomplete forms can lead to delays in the divorce process.
Clearly identify the plaintiff and defendant at the beginning of the form. This includes providing their full names and case number.
Specify whether both parties appeared in court. This information is crucial for the court's records.
Attach a Permanent Parenting Plan Order if there are minor children involved. This document outlines custody and visitation arrangements.
When addressing child support, choose only one option between the two provided. This avoids confusion and ensures clarity.
Health insurance for children must be addressed in the form. Indicate whether this issue is covered in the attached Child Support Addendum.
Clearly state any alimony arrangements. Select one of the options and provide necessary details to avoid misunderstandings.
Property division must be clearly outlined. Indicate whether property was acquired during the marriage and how it will be divided.
In the case of a marital home, provide its legal description and address. Specify who will be responsible for taxes and mortgage payments.
Review the entire form for accuracy before submission. Errors can complicate the divorce proceedings and delay finalization.