Fillable Printable Uncontested Divorce Without Children - Georgia

Uncontested Divorce Without Children - Georgia

UNCONTESTED DIVORCE—NO CHILDREN

The forms presentedin this packet aredesigned toguideyou in thepreparationofyour

divorcepapers. You must fill intherequiredinformation as it applies to your situation. Your

papers shouldremain in thesame order as theyappearinthis packet.If you do not haveaccess to

a typewriter, you may fill thepapers out by handinneat print using BLACK ink.

You shouldfill ineveryblankline EXCEPT for thecivil actionfilenumberblanks and

thelines providedfor signatures by the Notary Public and theJudge.

Inthe Complaint and theSettlement Agreement, somesections have two possible

answers, separatedby an [OR]. Inthese sections, you must choosewhichof thetwo choices fits

best inyoursituation, and then includeonly that choice inyour documents. Theotherchoice

should be ignored, and should not beincluded inyourdocuments.

Make surethat everything is signed. All signatures that requirenotarizationmust be

notarized beforeyour documents willbeapprovedforfiling.

State Law O.C.G.A. §15-19-51 forbids court personnelto give legal advice.Different situations

mayrequire special procedures and courthouse personnel cannot adviseyou onhow toproceed

or what forms may benecessary in specific situations. Divorcecanbevery complicated.Theonly

personallowedtohelp you in the preparationoftheseforms is a licensed attorney hired torepresent you.

Pleaseconsult an attorney if you havequestions about the procedure or what actionis best for you to take.

YOU MAY NEED AN ATTORNEY IF:

The caseis contestedandyour spousehas a lawyer.

You cannot locateyour spouseto servehimor her with yourpapers.

You or your spousehas a house, pension, or largeamount of property or income.

You might lose custody of your children.

You think you willhavedifficultygettingdocuments fromyourspouseabout retirement

funds,income,etc.

Even if it is a friendly divorce, you should talk to alawyerbefore you signany settlement

papers or fileanything in court.

Remember, you must fully complete theforms beforetheJudgewill beable to grant you

a decreeof divorce. Incomplete forms,aswell as forms thatareimproperly filledout, maydelay

thegrant of your divorce.Makesurethat you taketime to read overallthe forms,and understand

what is being askedof you ineachsituation.

COMPLAINT FOR DIVORCE

Plaintiff, __________________________________________________ [Name], comes

before this Court and shows this Court as follows:

Residence requirement (Choose only one: a, b, or c)

□a)Plaintiffis a residentof_______________ County, Georgia, and has been

a residentofGeorgia for at leastsixmonths priorto thefiling ofthis action.

□b)Plaintiffis a residentof_______________ County, Georgia, and has

resided atthe _________________________________________________ militarypost

for at leastone year before filing this petition.

□c)Plaintiffisnot a residentofthe State ofGeorgia, but Plaintiff’sspouse has

been a resident of the state of Georgia and the county of____________________ for at

leastsix (6)months priortomyfiling this action.

Venue (Chooseonly one: aorb)

□a)Defendantisa residentof__________________ County, Georgia, and has

acknowledged service ofthe Complaintand Summons and has waived furtherservice of

process.

IN THE SUPERIOR COURT OFCOUNTY

STATE OF GEORGIA

Plaintiff,

v.Civil Action

§File No.

Defendant.

□b)Defendantisa residentof__________________ County, _____________

[State] and has signed anACKNOWLEDGEMENT OF SERVICE AFFIDAVIT OF

WAIVER OFVENUE AND PERSONALJURISDICTION.

Date of Marriage (Choose only one: a orb)

□a)Plaintiffand Defendant were lawfullymarried on ___________________ [Date].

□b)Plaintiffand Defendant are commonlaw married, having entered into a

commonlaw marriage before January 1 1997 as of ______________________________ [Date].

Note: Common law marriage was abolished in Georgia on January 1, 1997.

Date of Separation

□The Defendant and I separated on __________________________________ [Date] and

have remained ina bona fidestateofseparation since thatdate.

Minor Children ofthe Marriage

□There are no minor children bornofthe marriage and the wifeis notnow

pregnant.

Grounds for Divorce

□Plaintiff is entitled to adivorceupon thestatutory grounds that themarriage is

irretrievablybroken and there is nohopeof reconciliation, O.C.G.A.§19-5-3(13).

Settlement Agreement

□The parties haveentered into asettlement agreement thatresolves all issues as toan

equitabledivision of property and debts.

WHEREFORE, Plaintiff respectfully requests:

a)Thatthe parties herein be totallydivorced;

b)That theCourt adopt andincorporate the parties’ settlement agreement intoa

final judgment anddecree inthis matter;

c)Thatthe Wife’s nameberestoredto her former name, whichwas:

__________________________________________________ [Name].

d)Thatthe Plaintiff have suchotherand furtherrelief as this Court deems equitable

andjust.

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

______________________________________,

Plaintiffpro se

[Signature — No NotaryPublic needed]

____________________________________

Plaintiff’s Address

____________________________________

Plaintiff’s telephone number(s)

IN THE SUPERIOR COURT OFCOUNTY

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 isan 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

VERIFICATION

Personally appeared beforemetheundersignedwhoon oath states that the facts set forth

in this Complaint are trueand correct to the best of herknowledgeand belief.

________________________________,

Plaintiffpro se

[Sign in presence of NotaryPublic]

Swornand subscribed beforeme

This _____ day of _______________________________, 20_____.

______________________________________________

Notary Public, State of Georgia

My Commission Expires __________________________.

IN THE SUPERIOR COURT OFCOUNTY

STATE OF GEORGIA

Plaintiff,

v.Civil Action

§File No.

Defendant.

CONSENTTO TRIAL31 DAYS AFTER SERVICE AND WAIVER OF RIGHT TO

TRIAL BY JURY

Both of the aboveparties, as indicated by their signatures below, waivetheir right totrial

by jury andconsent to thehearing andgrantingof a divorce in this actionanytime thirty-one(31)

days afterthefiling of the acknowledgment of service or after servicehaving been perfected.

__________________________

Plaintiff, pro se

[Sign in presence of NotaryPublic]

Swornto and subscribed beforeme

This ______ day of ___________________________, 20_____.

_______________________________________________,

Notary Public, State of Georgia

My Commission Expires ___________________________.

__________________________,

Defendant,pro se

[Sign in presence of NotaryPublic]

Swornto and subscribed beforeme

This ______ day of _____________________________, 20______.

________________________________________________,

Notary Public, State of Georgia

My Commission Expires ____________________________.

IN THE SUPERIOR COURT OFCOUNTY

STATE OF GEORGIA

, §

Plaintiff,

v.Civil Action

§File No.

Defendant.

ACKNOWLEDGEMENT OF SERVICE ANDSUMMONS

The undersigned Defendant hereby acknowledges serviceoftheabove Summons and

Complaint forDivorce for andstates that (s)hehas receiveda copyof saidComplaint, and

Defendant herebywaives anyfurther serviceof process.

This the ______ day of ___________________________,20______.

_______________________,

Defendant pro se

[Sign in presence of NotaryPublic]

Swornto and subscribed beforeme

This _____ day of ____________________________, 20______.

_______________________________________________,

Notary Public, State of Georgia

My Commission Expires ___________________________.

IN THE SUPERIOR COURT OFCOUNTY

STATE OF GEORGIA

Plaintiff,

v.Civil Action

§File No.

Defendant.

DEFENDANT’SACKNOWLEDGEMENT OF SERVICE

AFFIDAVIT OF WAIVER OF VENUEAND PERSONAL JURISDICTION

I, _________________________ [Name], the named Defendant in the above-styled

case, after being dulysworndo herebydepose and saythat I am a residentof

________________ County, _______________ [State], and thatthe Plaintiffin the above-

styled case is a resident of________________________ County, Georgia. I affirm that I

have received a copyof said Petition/Complaint, and I hereby waive any and allfurther

notice, service, and issuance ofprocess.

After being dulyinformed that I havea constitutional righttoa trialbyjudge or

jury onthe abovematter in the county ofmyresidence, and with thatknowledge, I

herebyexpressly waivemyrightto venue inthe countyofmy residence, and consent to

venue and personaljurisdiction in the county of this superior court.

This _____ dayof ___________________________,20_____.

__________________________,

DefendantAffiant

[Sign in presence of NotaryPublic]

________________

________________________

Notary Public

Sworn to and subscribed before me

this _______ day of _________________________________, 20______.

IN THE SUPERIOR COURT OFCOUNTY

STATE OF GEORGIA

Plaintiff,

v.Civil Action

§File No.

Defendant.

SETTLEMENT AGREEMENT

This is an agreement by andbetween_________________________ (hereinafter referred

to as “Wife”) and______________________________ (hereinafter referredto as “Husband”).

WHEREAS, theparties aremarriedbut arecurrentlylivingin a bona fidestateof

separation;

WHEREAS, theparties desireto settlebetween themselves all questions of divisionof

property, alimony, andall other rights andobligations arisingout of their marital relationship;

NOW THEREFORE, in considerationof themutual covenants hereinafter contained,the

parties agreeas follows:

Separation

□The parties shall continueto liveseparateand apartand eachshall befreefrom

interference,molestation, authority and control, direct orindirect, by the otheras fullyas if sole

andunmarried, andeachmay reside at suchplace or places as heor shemay select.

Alimony (Choose only one: aor b)

□a)The□ Husband/□ Wifeshall payto the□Husband/□Wife as alimony the sum

of $_______________ perweek/month, to bepaid beginningon _____________ [Date] andto

continuethereafteruntil the□Husband/ □ Wife remarries or dies.

□b) The parties herebyexpressly waive alimonyfor the past, present and future.

to as “Wife”) and______________________________ (hereinafter referredto as “Husband”).

IN THE SUPERIOR COURT OFCOUNTY

STATE OF GEORGIA

, §

Plaintiff,

v.Civil Action

§File No.

Defendant.

Division ofProperty (Choose only one: a, b or c)

□a)The parties have no maritalpropertysubjecttoequitabledivision.

□b)The parties have previously divided their maritalproperty to theirmutual

satisfaction.

□c) The partiesacknowledge thattheypossess various items ofjointly owned

property, which shallbe divided asfollows:

1)To the Wife:

________________________________________________________________________

2)To the Husband:

________________________________________________________________________

Division of Debts (Choose only one: a orb)

□a)The parties acknowledge that theyhave no outstanding joint debts.

□b)The parties agree to the division ofdebtsas indicated below:

Creditor AmountResponsible Party

The responsible partyindemnifies and holdsharmless the non-responsible partyfor any

collection on these obligations.

Name Restoration

The parties request that thewife’s namebe restoredto ________________________[former name].