The Georgia Divorce Form serves as the official document for initiating the process of dissolution of marriage in the state, specifically within the jurisdiction of Fulton County's Superior Court, Family Division. It meticulously outlines the necessary declarations from the petitioner regarding residency, grounds for divorce, custody and support of minor children, division of property and debts, and requests for restoration of a former name, among other critical considerations. The form's structured format ensures that all pertinent aspects of the divorce proceedings are addressed, ensuring the petitioner's intentions and requests are clearly conveyed to the court.
Filing for divorce is a significant step that involves various legal requirements and emotional considerations. When initiating a divorce in the Superior Court of Fulton County, State of Georgia, individuals find themselves navigating through a detailed legal document known as the Georgia Divorce Form. This form covers essential information, starting with the basic identification of the petitioner and respondent, and extending to more complex issues such as residency requirements for filing, jurisdiction, and service of process options. It also delves into specifics like the date of marriage and separation, arrangements regarding any children from the marriage—including custody, visitation, and support— as well as any existing separation agreements the couple wishes to include in the divorce decree. Additionally, it addresses financial matters such as employment and income of both parties, health insurance for minor children, division of marital property and debts, and the potentially contentious topics of alimony and grounds for divorce. Each section of the form demands careful consideration and accurate representation of facts to ensure that the divorce process can proceed smoothly and that the final agreement is fair and comprehensive.
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 is a crucial step in beginning the process of obtaining a divorce in the state. It's designed to outline the essential details about your marriage, separation, and the terms you wish to establish for your divorce. Being thorough and accurate is key to ensuring your divorce process goes as smoothly as possible. Here's a guide to help you complete the form step by step.
After completing these steps, carefully review the entire form for accuracy. Remember, this form represents your official request for a divorce, and its accuracy is crucial. Upon completion, you'll need to file it with the clerk of the Superior Court in Fulton County, along with any required filing fees. This submission will officially start your divorce proceedings. The next steps will involve serving the divorce petition to your spouse and waiting for their response, leading towards eventual court proceedings or mediation to finalize the divorce.
Who can file for a divorce in Fulton County, Georgia?In Fulton County, Georgia, to file for a divorce, one of the spouses must have been a resident of the State of Georgia for at least six months before filing. If the petitioner (the person filing for divorce) is not a resident, their spouse must have been a resident of Georgia and specifically Fulton County for at least six months.
What are the grounds for filing for divorce in the document?The document outlines two grounds for divorce: that the marriage is irretrievably broken with no hope of reconciliation, and cruel treatment by one spouse towards the other that raises fear of future harm.
How is the respondent (the other spouse) notified about the divorce action?The respondent can be notified in several ways depending on their situation: if the respondent's whereabouts are known, they may be served at their residence or workplace; if their whereabouts are unknown, service may be completed by due diligence and publication as provided by law.
Can a separation agreement be included in the divorce decree?Yes, if both parties have agreed to a separation agreement, it can be attached to the petition for divorce and can be requested to be incorporated into the final judgment and decree for divorce.
What about child custody, visitation, and support?The petition includes sections to address child custody (whether joint or primary), visitation rights, and child support. It also requires indicating the children’s residence history and whether there are any ongoing custody proceedings or other claims to the children. For child support, details about the parents' employment and income are necessary, along with completed child support worksheets according to Georgia's guidelines.
How are health insurance and life insurance for minor children handled?The petition outlines that the respondent may be ordered to maintain health and/or life insurance for the benefit of any minor children. It also includes options for handling uncovered costs.
What about alimony?The petitioner can request alimony, but they must specify the reasons. However, if Georgia does not have personal jurisdiction over the spouse, the issue of alimony cannot be decided in this action.
How is the division of marital property and joint debts handled?The document allows for indicating whether there is marital property and how it is to be divided, or if it has already been divided satisfactorily. The same applies for any joint debts, specifying how these should be addressed.
Can a former name be restored as part of the divorce proceedings?Yes, if one of the spouses wishes to have their former name restored, they can indicate this in the petition, specifying the name they wish to be restored to.
When filling out the Georgia Divorce form, individuals commonly make several mistakes that can impact the process of their divorce proceedings. Here is an expanded list highlighting eight of these errors:
Not verifying residency status accurately under the Subject Matter Jurisdiction section can lead to a dismissal of the case. It’s essential to confirm that either the petitioner has been a resident of Georgia for more than six months or that the non-resident petitioner's spouse meets the residency criteria for filing.
In the Venue section, incorrectly choosing the county of filing or failing to prove the respondent's residence or consent to jurisdiction can complicate jurisdictional authority and delay proceedings.
Omitting the attachment of a separation agreement when indicated can cause confusion regarding pre-arranged agreements between parties, potentially leading to disputes or the need for additional legal documentation.
Misrepresenting or inaccurately reporting the date of separation in the divorce petition can affect decisions related to property division, alimony, and other time-sensitive matters.
Failing to accurately complete the Children section, particularly regarding custody arrangements, support, and insurance, neglects to provide the court with essential information for the best interest of the children involved.
Incorrectly asserting claims to custody without proper documentation or acknowledgment of other parties with potential custody claims overlooks crucial legal considerations and the rights of others.
Neglecting to accurately divide marital property and joint debts, or failing to specify how each party will handle these responsibilities, can result in further legal complications and financial disputes post-divorce.
Forgetting to request the restoration of a former name—if desired—can lead to unnecessary legal changes and adjustments later on.
Ensuring accuracy and completeness when filling out the Georgia Divorce form is critical. Mistakes can not only delay the process but may also impact the final settlement. It is often recommended to seek legal advice or assistance to avoid these common pitfalls.
When navigating the complexities of divorce in Georgia, the Petition for Divorce form is just the starting point. This document initiates the process but is often accompanied by a series of additional forms and documents essential for addressing the full scope of the divorce. These supplementary documents enable the court to understand and make rulings on various crucial aspects of the dissolution of marriage. Each document serves a specific purpose and requires careful and accurate completion to effectively convey the information to the court and ensure legal compliance.
Together, these documents provide a comprehensive framework for addressing the many considerations and legal requirements of a divorce in Georgia. They are fundamental in ensuring the process is conducted fairly and equitably, with the best interests of all involved parties taken into account. For those navigating a divorce, understanding each document’s role and ensuring their accurate completion is crucial for a smooth and effective resolution to this challenging life event.
The Georgia Divorce form is similar to other legal documents in several aspects, detailing procedural requirements, jurisdictional declarations, and stipulations for marital dissolution. This document aligns with the structure and content found in separation agreements, custody petitions, and financial support documents, highlighting a comprehensive approach to addressing all facets of a divorce.
Separation Agreements: Just like the Georgia Divorce form, separation agreements focus on the distribution of marital assets, debts, child custody, and visitation rights. Both documents serve the purpose of outlining the terms agreed upon by both parties in preparation for or as part of the divorce proceedings. They detail how property will be divided, arrangements for children, and any financial support to be provided, ensuring a clear understanding and agreement between spouses to prevent future disputes.
Custody Petitions: Custody petitions share similarities with the child custody and visitation sections of the Georgia Divorce form. Both documents address who will have legal and physical custody of any minor children, establish visitation schedules, and determine how custody decisions will affect the child’s welfare. The emphasis is on the child's best interests, aiming to provide a stable and supportive environment post-divorce.
Financial Support Documents: Financial support documents, including child support and alimony orders, correspond closely with sections within the Georgia Divorce form that discuss financial responsibilities after divorce. These documents calculate obligations based on income, the needs of the children, and the financial status of each spouse. Like the Georgia Divorce form, they aim to ensure that adequate financial support is provided for children and that any alimony arrangements are fair and equitable to both parties.
When filling out the Georgia Divorce form, navigating through the legal jargon and ensuring every requirement is adhered to can be overwhelming. Here's a comprehensive list of things you should and shouldn't do to smooth the process.
Do:
Don't:
There are several misconceptions about filing for divorce in Georgia that can complicate the process for many individuals. Understanding these misconceptions is crucial for navigating the legal landscapes efficiently and effectively. Here are six common misunderstandies:
Residency Requirements Are Flexible: A common misconception is that the residency requirements for filing a divorce in Georgia are flexible. In reality, Georgia law is quite specific: at least one spouse must have been a resident of the state for a minimum of six months prior to filing the petition.
Service of Process Is Optional: Another misunderstanding is the belief that serving divorce papers to the other spouse is optional. The law mandates that the respondent must be properly served, which could be through personal delivery, service by a sheriff or a licensed process server, or, in some cases, by publication if the respondent cannot be located.
Separation Agreements Are Automatically Enforced: It's often thought that separation agreements are automatically legal and enforceable. Although such agreements can be incorporated into the final divorce decree, they must first be submitted to and approved by the court. Without the court's approval, these agreements might not be enforceable.
Having Minor Children Always Complicates Divorce: While having minor children can introduce additional steps in the divorce process—like determining custody, visitation, and child support—it does not always complicate the process. Many couples reach amicable agreements on these issues, which the court can then ratify, simplifying the process.
Alimony Is Guaranteed: There's a common belief that alimony or spousal support is a guaranteed part of divorce settlements. The truth is, alimony is not automatic and is awarded based on various factors, including the financial status of each spouse, the length of the marriage, and the standard of living during the marriage.
All Marital Property Is Split Equally: Finally, there's a misconception that all marital property is divided 50/50 in a divorce. Georgia law requires an equitable division of property, which means the division must be fair but not necessarily equal. Several factors are considered to determine what is equitable, including the contributions of each spouse to the marriage and the financial circumstances of each party.
Dispelling these misconceptions is the first step toward understanding the complexities of the divorce process in Georgia. Individuals considering divorce should seek legal counsel to navigate the process more effectively and ensure their rights are protected.
When preparing to fill out and use the Georgia Divorce form, there are several key aspects to consider for a smooth and compliant process:
Understanding and accurately completing the Georgia Divorce form is critical to the legal process. It's essential to carefully review all sections of the form to ensure that all relevant information is provided, which will facilitate a smoother court process. When in doubt, consulting with a legal professional can provide clarity and guidance tailored to your specific situation.
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