Uncontested Divorce With Minor Children - Georgia - Edit, Fill, Sign Online

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UNCONTESTED DIVORCE WITH MINOR CHILDREN

This forms packet is designed to guide you in the preparation of your divorce papers. You must

fill in the required information as it applies to your situation. Your papers should remain in the same

order as they appear in this packet. If you do not have access to a typewriter, you may fill in the blanks

by hand, in neat print, using BLACK ink.

You should fill in every blank line EXCEPT for the civil action file number blanks and the lines

provided for signatures by the Notary Public and the Judge.

In the Complaint and the Settlement Agreement, there are some sections that have two possible

answers, separated by an [OR]. In these sections, you must choose which of the two choices fits best in

your situation, and then include only that choice in your documents. The other choice should be ignored,

and should not be included in your documents.

Make sure that everything is signed. All signatures that require notarization must be notarized

before your documents will be approved for filing.

Court Personnel are NOT allowed to answer any questions concerning the preparation

of these forms. State Law O.C.G.A. §15-19-51 forbids court personnel to give legal advice.

Different situations may require special procedures and courthouse personnel cannot advise you

on how to proceed or what forms may be necessary in specific situations. Divorce can be very

complicated. The only person allowed to help you in the preparation of these forms is a licensed attorney.

Please consult an attorney if you have questions about the procedure or what action is best for you to take.

YOU MAY NEED AN ATTORNEY IF:

The case is contested and your spouse has a lawyer.

You cannot locate your spouse to serve him or her with your papers.

You or your spouse has a house, pension, or large amount of property or income.

You might lose custody of your children.

You think you will have difficulty getting documents from your spouse about retirement funds,

income, etc.

Even if it is a friendly divorce, you should talk to a lawyer before you sign any settlement papers

or file anything in court.

In the packets for marriages with children, there is a form called the Domestic Relations Financial

Affidavit. Each party will have to have one of these forms filled out prior to the final hearing on the

divorce.

If the Defendant has filed an acknowledgment of service, then each party must submit their

Domestic Relations Financial Affidavit at the time the case is filed.

If the Defendant does not file an acknowledgement of service, and the Sheriff has to serve a copy

of the complaint and summons on the Defendant, the Plaintiff must still file a copy of the Domestic

Relations Financial Affidavit with his or her complaint. The Defendant should be served with a copy

of the Domestic Relations Financial Affidavit along with the complaint and summons.

Remember, you must fully complete the forms before the Judge will be able to grant you a decree

of divorce. Incomplete forms, as well as forms that are improperly filled out, may delay the grant of your

divorce. Make sure that you take time to read over all the forms, and understand what is being asked of

you in each situation.

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IN THE SUPERIOR COURT OF ________________________ COUNTY

STATE OF GEORGIA

_______________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ____________________

)

_______________________________, )

)

Defendant. )

COMPLAINT FOR DIVORCE

Plaintiff, ___________________________________________________ [Name], comes

before this Court and shows this Court as follows:

1.

Residence requirement (Check only one: a or b)

□ a) Plaintiff is a resident of ____________________ County, Georgia, and has been a

resident of Georgia for at least six months prior to the filing of this action.

□ b) Plaintiff is a resident of __________________ County, Georgia, and has resided at

the _________________________________________________ military post for at least one

year before filing this petition.

□ c) Plaintiff is not a resident of the State of Georgia, but Plaintiff’s spouse has been a

resident of the state of Georgia and the county of _________________________ for at least six (6)

months prior to my filing this action.

2.

Venue and Service (Check only one: a or b)

□ a) Defendant is a resident of _________________________ County, Georgia, and has

acknowledged service of the Complaint and Summons and has waived further service of process.

□ b) Defendant is a resident of ________________ County, ______________ (state) and

has signed an ACKNOWLEDGEMENT OF SERVICE AFFIDAVIT OF WAIVER OF VENUE

AND PERSONAL JURISDICTION.

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3.

Date of marriage (Check only one: a or b)

□ a) Plaintiff and Defendant were lawfully married on _________________________.

□ b) Plaintiff and Defendant are common law married, having entered into a common

law marriage before January 1 1997 as of ____________________________________________.

4.

□ The Defendant and I separated on _____________________________ and have remained

in a bona fide state of separation since that date.

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.

□ There are _______________ minor children born of the marriage.

Name: ________________________________________ DOB: _______Sex: ____

Name: _________________________________________ DOB: _______Sex: ____

6.

Child Custody (Check only one: a, b or c)

□ a) It is in the best interest of the minor children for ___________________________

____________________________ to have sole legal and physical custody.

□ b) Plaintiff and Defendant are both fit to share both temporary and permanent joint

legal custody of the minor child(ren). It is in the best interest of the minor child(ren) for

________________________ to have primary physical custody.

□ c) Plaintiff and Defendant have agreed that it is in the best interest of the minor

children for the parties to have joint legal and physical custody. The physical custody

arrangement will be as follows: ____________________________________________________

______________________________________________________________________________

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For the past five years, the children lived at the following addresses with the following persons:

Address Dates Lived With

8.

Other court actions concerning the children (Choose only one: a or b)

□ a) Plaintiff asserts that □ he/ □ she has not participated as a party or a witness or in

any other capacity in any other litigation concerning the children named above, and knows of no

other proceeding concerning the minor children in this or any other state. No person other than

the parties to this action has physical custody of the minor children or any claim to custody or

visitation with the minor children.

□ b) The minor children have been involved in the following actions:

(Please tell the court about the following types of actions: custody, visitation, family violence,

protective orders, termination of parental rights, and adoption.)

County/State/Court Type of Custody Action Date Filed Status

________________ ___________________________ _________ __________________

9.

Others with a custody claim (Choose only one: 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:

7.

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Name Claim

__________________________________ __________________________________________

10.

□ Plaintiff is entitled to a divorce from the Defendant upon the statutory grounds that the

marriage is irretrievably broken and there is no hope of reconciliation, under O.C.G.A. § 19-5-

3(13).

11.

□ The parties have entered into a settlement agreement that resolves all issues as to an

equitable division of property and debts, as well as alimony and child support.

WHEREFORE, Plaintiff respectfully requests:

a) That the parties herein be totally divorced;

b) That the Court adopt and incorporate the parties’ settlement agreement into a final

judgment and decree in this matter;

c) That the Wife’s name be changed back to her maiden name, ____________________;

d) That the Court enter an Order for Child Support;

e) That the Court award such other and further relief as the it deems equitable and just.

Respectfully submitted this the _____ day of ______________________________, 20_____.

_____________________________________________,

Plaintiff pro se [Sign here]

Plaintiff’s Address: _____________________________________________________________

Plaintiff’s Telephone(s): _________________________________________________________

Defendant’s Address: ___________________________________________________________

Defendant’s Telephone(s): _______________________________________________________

IN THE SUPERIOR COURT OF COUNTY

STATE OF GEORGIA

, §

Plaintiff,

§

v. Civil Action

§ File No.

,

Defendant. §

SUMMONS

To the above-named defendant:

You are hereby summoned and required to file with the Clerk of said Court and serve

upon , the pro se plaintiff, whose

address is an answer to the

complaint which is herewith served upon you, within 30 days after service of this summons upon

you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against

you for the relief demanded in the complaint.

This ______ day of ________________________________, 20_____.

Clerk of Superior Court, County

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IN THE SUPERIOR COURT OF ________________________ COUNTY

STATE OF GEORGIA

_______________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ____________________

)

______________________________, )

Defendant. )

VERIFICATION

Personally appeared before me the undersigned who on oath states that the facts set forth

in this Complaint are true and correct to the best of his/her knowledge and belief.

___________________________________

Plaintiff pro se

[Sign in the presence of a Notary Public]

Sworn to and subscribed before me

this ______ day of ________________________________, 20_______.

__________________________________________________

Notary Public, State of Georgia

My Commission Expires: _____________________________

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IN THE SUPERIOR COURT OF ________________________ COUNTY

STATE OF GEORGIA

________________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ____________________

)

________________________________, )

)

Defendant. )

CONSENT TO TRIAL 31 DAYS AFTER SERVICE AND

WAIVER OF RIGHT TO TRIAL BY JURY

Both of the above parties, as indicated by their signatures below, waive their right to trial

by jury and consent to the hearing and granting of a divorce in this action any time thirty-one

(31) days after the filing of the acknowledgement of service or after service has been perfected.

____________________________________

Plaintiff pro se

[Sign in the presence of a Notary Public]

Sworn to and subscribed before me

this _____ day of _______________________________, 20______.

____________________________________________________

Notary Public, State of Georgia

My Commission Expires: _______________________________

____________________________________

Defendant pro se

[Sign in the presence of a Notary Public]

Sworn to and subscribed before me

this ______ day of _______________________________, 20______.

____________________________________________________

Notary Public, State of Georgia

My Commission Expires: _______________________________

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IN THE SUPERIOR COURT OF __________________________ COUNTY

STATE OF GEORGIA

_______________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ____________________

)

______________________________, )

)

Defendant. )

ACKNOWLEDGMENT OF SERVICE AND SUMMONS

The undersigned Defendant hereby acknowledges service of the above Summons and

Complaint for Divorce and states that he/she has received a copy of said Complaint, and

Defendant hereby waives any further service of process.

This the _____ day of __________________________, 20_____.

____________________________________

Defendant pro se

[Sign in the presence of a Notary Public]

Sworn to and subscribed before me

this _____ day of _____________________________, 20_____.

__________________________________________________

Notary Public, State of Georgia

My Commission Expires: _____________________________

IN THE SUPERIOR COURT OF ________________________ COUNTY

STATE OF GEORGIA

________________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ____________________

)

_______________________________, )

)

Defendant. )

DEFENDANT’S ACKNOWLEDGEMENT OF SERVICE

AFFIDAVIT OF WAIVER OF VENUE AND PERSONAL JURISDICTION

I, ____________________________, the named Defendant in the above-styled case, after

being duly sworn do hereby depose and say that I am a resident of ________________ County,

_______

_________________ (state), and that the Plaintiff in the above-styled case is a resident of

________________________ County, Georgia. I affirm that I have received a copy of said

Petition/Complaint, and I hereby waive any and all further notice, service, and issuance of

process.

After being duly informed that I have a constitutional right to a trial by judge or jury on

the above matter in the county of my residence, and with that knowledge, I hereby expressly

waive my right to venue in the county of my residence, and consent to venue and personal

jurisdiction in the county of this superior court.

This _____ day of ___

__________________________, 20_____.

__________________________,

Affiant

[Sign in the Presence of a Notary Public]

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Sworn to and subscribed before me

this _____ day of _____________________________, 20_____.

__________________________________________________

Notary Public, State of Georgia

My Commission Expires: _____________________________

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IN THE SUPERIOR COURT OF _____________________ COUNTY

STATE OF GEORGIA

______________________________, )

)

Plaintiff, )

)

v. ) Civil Action No. ____________________

)

______________________________, )

)

Defendant. )

SETTLEMENT AGREEMENT

This is an agreement by and between __________

_________________________ [Name],

(hereinafter referred to as “Husband”) and _____________________________________ [Name],

(hereinafter referred to as “Wife”).

WHEREAS, the parties are married but are currently living in a bona fide state of

separation;

WHEREAS, the child(ren) born as issue of the marriage is/are:

Name: ________________________________________ DOB: _____

__________

Name: ________________________________________ DOB: _______________

Name: _________________________________________ DOB: ________________

WHEREAS, the parties desire to settle between themselves all questions of division of

property, child custody, visitation, child support, alimony, and all other rights and obligations

arising out of their marital relationship:

NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the

parties agree as follows:

______________________________________________________________________________

Fillable Printable Uncontested Divorce With Minor Children - Georgia

Fillable Printable Uncontested Divorce With Minor Children - Georgia

Uncontested Divorce With Minor Children - Georgia