Georgia divorce forms tell the court what you or your spouse want, give notices to your spouse, provide information to the court, and state the court's orders. The most common Georgia uncontested divorce forms, and some contested divorce forms, are discussed below. Not all of these forms are used in every case.
Because the specific forms used will vary by county, for this example, any links provided below are to the Superior Court of Fulton County (Atlanta) forms. The Fulton County website offers forms and separate instructions for filing for divorce without minor children and filing for divorce with minor children.
All divorce cases
The spouse filing for divorce is called the Petitioner, and the other spouse is called the Respondent. Completing or filing the following forms is the responsibility of the Petitioner, unless otherwise noted.
- General Civil and Domestic Relations Case Filing Information. The Case Filing Information Form provides the court clerk with basic information about your case for statistical reporting purposes.
- Petition for Divorce. This is the basic form filed by the Petitioner to begin the divorce process. It asks the court to grant a divorce, and may also request the court to divide property and debts, award custody and support of minor children, and grant alimony. In Fulton County, there are two petition forms: a Petition for Divorce Without Children and a Petition for Divorce with Minor Children. Although this is called a Petition for Divorce in Georgia law, some forms you find may be titled as a Complaint for Divorce, with the parties listed as Plaintiff and Defendant.
- Verification. The Petitioner signs this form in the presence of a notary public to certify that the information in the Petition is true.
- Summons. The Georgia divorce Summons tells the Respondent that he or she has 30 days to file an answer to the Petition, or else a default may be entered.
- Sheriff's Entry of Service. The sheriff files this form to certify that the Respondent was properly served with the Petition and Summons.
- Acknowledgment of Service and Consent to Jurisdiction. If the Respondent agrees with what is requested in the Petition, he or she can sign this form, in which event there is no need for service by the sheriff.
- Domestic Relations Financial Affidavit. This form must be filed by the Petitioner. One also will be filed by the Respondent, except in a default case. It outlines the party's assets and debts, and income and expenses. This is used for dividing property and debts, and for determining alimony and child support if applicable.
- Disclosure Statement. This form simply states whether the parties have a settlement agreement.
- Answer and Counterclaim. The Respondent may file this form to respond to the Petition. It may contest what is sought in the Petition, agree with the Petition, or add a request that is not contained in the Petition. For example, if the wife is the Respondent, she may file this form to request that her maiden name be restored.
- Rule Nisi (Notice of Hearing). Once a divorce case is filed, either party may ask for various interim orders, such as for temporary support, a restraining order, or having the other party held in contempt for failing to comply with a court order. The Georgia Rule Nisi informs the other party what is being requested, and the date, time, and place that a hearing will be held. In essence, it says, "Come to the hearing to show cause why the order being requested should not be granted."
- Final Judgment and Decree. The Final Judgment and Decree is the final order of the court, signed by the judge. It grants the divorce, and states the court's orders regarding property and debt division, alimony, child custody and visitation, and child support. In an uncontested divorce, it approves the Settlement Agreement.
- Report of Divorce, Annulment or Dissolution of Marriage. This report provides basic information about your case and the date it was completed, which is required for statistical reporting.
In addition to the forms listed above, the following forms are commonly used in an uncontested divorce in Georgia:
- Consent to Trial 31 Days After Service and Waiver of Right to Trial by Jury. The Consent to Trial 31 Days After Service is signed by both parties in the presence of a notary public. There is no trial in an uncontested case, but there is a final hearing before the judge. This form can allow the divorce to be completed as early as 31 days after the Respondent is served or acknowledges service.
- Settlement Agreement. The Settlement Agreement sets forth the parties' agreement, depending on whether the parties are without minor children or with minor children. As appropriate to the circumstances, it can cover property and debt division, alimony, child custody and support, and other matters agreed upon by the parties.
Divorce with minor children
In addition to the forms listed above, the following forms are commonly used when there are minor children:
- Affidavit Regarding Custody. This is filed by the Petitioner to provide information about the minor children.
- Parenting Plan. The Parenting Plan, which also includes a sample visitation schedule, provides the details of custody and visitation. In a contested case, each party will submit a proposed plan. Where the parties have an agreement, a joint plan can be submitted.
- Order Approving Parenting Plan. This is the order, signed by the judge, approving a Parenting Plan.
- Child Support Worksheet. The Child Support Addendum is a detailed form that is used to calculate the amount of child support in the manner required by Georgia law.
- Mandatory Seminar Notice. This is a notice of the requirement for the parties to complete a seminar for parents before a divorce may be granted.
The forms listed above, as well as less common forms, often can be obtained from your local court clerk, either in person or from their website. If you would be more comfortable having some guidance through the divorce process in Georgia, consider engaging an online service provider that can support you throughout the proceedings.