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Divorce Without Minor Children Packet

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Petition for Divorce With Minor Child(ren)

SUPERIOR COURT OF COUNTY
STATE OF GEORGIA
FAMILY DIVISION

Petitioner,

v.

Respondent.

Civil Action

Case Number

PETITION FOR DIVORCE WITH MINOR CHILD(REN)

My name is and I am representing myself in this divorce action. In support of my case, I state as follows:

1. Subject Matter Jurisdiction: I am the Petitioner in this action and:

(a) I have been a resident of the State of Georgia for more than six (6) months immediately 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 for at least six (6) months immediately prior to my filing of this action.

2. Venue: My spouse’s name is , and he/she is the Respondent in this action.

(a) The Respondent is a resident of Fulton County and is subject to the jurisdiction of this Court.

(b) The Respondent is a resident of Georgia in County, but the Respondent and I lived together in County at the time we separated. I still reside in County, and the Respondent has only moved away from County within the past six months before the date of my filing this action.

(c) The Respondent is a resident of Georgia in County, and I live in County. The Respondent has acknowledged service of process and consented to the jurisdiction and venue of this Court.

(d) The Respondent is not a resident of the State of Georgia, but I am a resident of Fulton County, Georgia, and:

(1) The Respondent was formerly a resident of the State of Georgia and currently resides in the State of . The Respondent is subject to the personal jurisdiction of the Court under Georgia’s Long Arm Statute, OCGA § 9-10-91(5).

(2) The Respondent has never resided in the State of Georgia and currently resides in the State of .

(3) The Respondent has acknowledged service of process and consented to the jurisdiction and venue of this Court.

(e) I am a resident of County and the Respondent’s whereabouts are unknown to me. I am filing my Affidavit of Diligent Search with this Petition, and incorporate it here by reference.

3. Service of Process: The Respondent shall be served as provided under OCGA § 9-11-4, in the following manner:

(a) The Respondent has acknowledged service of process. I am filing the Acknowledgment of Service (which has been signed by the Respondent) with this Petition.

(b) The Respondent may be served by the Sheriff’s Department at the Respondent’s residence/work address, which is:


(b-1) The Respondent resides outside of County, and shall therefore be served by second original, as provided under OCGA § 9-10-72. Service shall be made by the sheriff’s department of the county where the Respondent resides.

(c) The Respondent’s whereabouts are unknown to me. I am filing my Affidavit of Diligent Search with this Petition. The Respondent shall be served by publication as provided under OCGA § 9-11-4(e)(1) for those who cannot be found within the State of Georgia. To the best of my knowledge, the Respondent’s last known address is:


4. Date of Marriage:

(a) The Respondent and I were lawfully married on

(b) The Respondent and I are married by common law because we lived together and held ourselves out as married as of , which date was prior to January 1, 1997.

5. Date of Separation: The Respondent and I last separated on , and we have remained in a true state of separation since that date.

6. Settlement Agreement: The Respondent and I have entered into a Settlement Agreement, which we both want to be incorporated into the Final Judgment and Decree for Divorce. The Settlement Agreement has been signed by each of us in front of a notary public, and I am filing the Settlement Agreement with the Court, together with this Petition.

7. Minor Child(ren): The Respondent and I are the parents of minor child(ren), listed below:

Name of Child Male / Female Year of Birth

8. Child(ren)’s Current Residence: The minor child(ren) currently live at in (County), (State) with the Petitioner Respondent . The child(ren) have lived at this address since approximately .

9. Child(ren)’s Past Residences: During the past five years, the child(ren) have lived at the following addresses:

10. People With Whom Child(ren) Have Lived: During the past five years, the child(ren) have lived with the following people:

11. Other Court Cases About Child(ren):

(a) I have never participated as a party or a witness or in any other capacity in any other litigation concerning the custody of or visitation with the minor child(ren) in this or any other state.

(b) I have participated in other litigation concerning the custody of the minor child(ren) in Georgia or another state. The court, case number and date of any order concerning custody or visitation under the other litigation are as follows:

12. Other Proceedings That Could Affect Custody or Visitation in This Case:

(a) I do not have any information about any proceeding that could affect this case, including any court proceedings in this or any other state.

(b) I have information about a proceeding that could affect this case. The court, the case number and the nature of the proceeding are as follows:

13. Others Claiming Custody or Visitation:

(a) I do not know of any person who is not a party to this case, who has physical custody of the child(ren) or who claims to have custody or visitation rights with respect to the child(ren).

(b) I know of someone who is not a party to this case, who has physical custody of the child(ren) or who claims to have custody or visitation rights with respect to the child(ren). The name(s) and present address(es) of the person(s) are:

14. Child Custody and Visitation:

Sole legal custody

Joint legal custody

Sole physical custody

Joint physical custody

Reasonable visitation as follows:

Other:

I believe that the custody and visitation arrangement set forth in the attached Permanent Parenting Plan is in the best interests of the child(ren).

15. Child Support:

(a) The Respondent has income or is capable of earning sufficient money to help support the minor child(ren). Respondent’s gross monthly income is .

(b) I have income or am capable of earning sufficient money to help support the minor child(ren). My current gross monthly income is .

(c) The Respondent should pay child support for the child(ren).

(d) I should pay child support for the child(ren).

(e) A child support worksheet has been submitted.

(f) The issue of child support cannot be decided in this action because the Court does not have personal jurisdiction over the Respondent.

16. Health Insurance for Child(ren):

(a) The Respondent should be ordered to maintain a policy for medical, dental and hospitalization insurance for the minor child(ren).

(b) I already provide health insurance for the child(ren).

(c) I am not asking the Court to address this issue in this case.

(d) The issue of health insurance cannot be decided in this action because the Court does not have personal jurisdiction over the Respondent.

17. Other Medical Expenses for Child(ren):

(a) The Respondent should be responsible for all expenses incurred for the child(ren)’s medical, dental and hospital care, that are not covered by insurance.

(b) The Respondent and I should share the cost of expenses incurred for the child(ren)’s medical, dental and hospital care, that are not covered by insurance.

(c) I am not asking the Court to address this issue in this case.

(d) The issue of health care expenses for the child(ren) cannot be decided in this action because the Court does not have personal jurisdiction over the Respondent.

18. Life Insurance to Support Child(ren):

(a) The child(ren) depend on the Respondent for support, and therefore the Respondent should maintain a policy of insurance on the Respondent’s life, with a face amount of $ , for the benefit of the minor child(ren). The Respondent should maintain the policy for so long as at least one of the child(ren) is a minor or is otherwise entitled to child support.

(b) I am not asking the Court to address this issue in this case.

(c) The issue of life insurance for the child(ren) cannot be decided in this action because the Court does not have personal jurisdiction over the Respondent.

19. Alimony:

(a) I am financially dependent on the Respondent and need the Court to order the Respondent to pay alimony for my support.

(b) I am not asking for alimony.

(c) The issue of alimony cannot be decided in this action because the Court does not have personal jurisdiction over the Respondent.

20. Marital Property:

(a) The Respondent and I have already divided our marital property, and we are both satisfied with the division.

(b) The Respondent and I have not obtained any property during our marriage.

(c) The Respondent and I have obtained the following property during our marriage, and I am asking for a fair division of this property:

(d) The issue of the division of marital property cannot be decided in this case because none of the property is in Georgia and the Court does not have personal jurisdiction over the Respondent.

21. Joint or Marital Debts:

(a) The Respondent and I do not have any outstanding joint or marital debts.

(b) The Respondent and I have the following outstanding joint or marital debts, and responsibility for paying them should be as listed below:

(c) The issue of dividing joint and marital debts cannot be decided in this case because the Court does not have personal jurisdiction over the Respondent.

22. Restraining Order Where Violence Has Occurred: There is a history of physical violence by the Respondent toward me, and I am afraid that the Respondent will engage in further acts of violence or harassment toward me unless the Court enters a temporary and permanent restraining order.

23. Restore Former or Maiden Name: My former or maiden name is , and I am asking the Court to restore that name to me.

24. Grounds for Divorce:

(a) Our marriage is irretrievably broken. The Respondent and I can no longer live together and there is no hope that we will get back together.

(b) Cruel treatment - The Respondent committed the following acts of cruel treatment toward me:

(c) Adultery - The Respondent has had sexual intercourse with someone else during our marriage.

(d) Desertion - The Respondent has intentionally and continually deserted me for at least a year.

(e) Other grounds from list in OCGA § 19-5-3, as explained here:

FOR THESE REASONS, I REQUEST THE FOLLOWING RELIEF:

(a) That process and summons issue as provided by law;

(b) That Respondent be served with a copy of this Petition;

(c) That I be granted a total divorce from the Respondent;

(d) That the Settlement Agreement signed by the parties be incorporated into the Final Judgment and Decree of Divorce;

(e) That the custody and visitation for the child(ren) be ordered according to Paragraph 14;

(f) That child support, health insurance, medical expenses and life insurance for the support of the child(ren) be ordered according to Paragraphs 15, 16, 17, and 18;

(g) That the Respondent be ordered to pay me alimony for my support;

(h) That our marital property be divided according to Paragraph 20;

(i) That our joint or marital debts be divided according to Paragraph 21;

(j) That the Respondent be temporarily and permanently restrained from harassing me or committing any acts of violence toward me;

(k) That my former or maiden name be restored according to Paragraph 23;

(l) That a Rule Nisi be scheduled by the Court, to decide on the relief I have requested;

(m) That the Court order any and all other relief that the Court finds appropriate.

Dated:

Petitioner, Pro se (Signature)

Name:

Address:

Email:

IF YOU DO NOT HAVE AN EMAIL ADDRESS, FILL OUT A CERTIFICATE OF NO EMAIL ADDRESS

Telephone No.:

Petitioner,

v.

Respondent.

Civil Action

Case Number

VERIFICATION

I, , personally appeared before the undersigned notary public and, being duly sworn, state that the facts stated in the foregoing Petition are true and correct.

This day of , (year)

Signature

Name:

Email:

IF YOU DO NOT HAVE AN EMAIL ADDRESS, FILL OUT A CERTIFICATE OF NO EMAIL ADDRESS

Telephone No.:

Sworn to before me this

___ day of , 20__.

Notary Public

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What the Divorce Without Minor Children Packet Is

The Divorce Without Minor Children Packet is a standardized set of court forms and accompanying instructions used to obtain a divorce when the parties do not have children under the age of 18 together. It typically includes a petition or complaint, a marital settlement agreement or property division worksheet, financial disclosure forms, a final decree template, and filing instructions. The packet is designed for uncontested or simplified dissolutions but must be completed accurately and filed in the appropriate county or state court to be effective.

Why this Packet Matters for Streamlined Divorce

The packet centralizes required forms and instructions to help parties complete an uncontested divorce efficiently and reduce court rejections. It clarifies necessary disclosures, standardizes language for property division, and shortens the filing process when minor children are not involved.

Why this Packet Matters for Streamlined Divorce

Who Typically Uses a Divorce Without Minor Children Packet

This packet is most suited to couples seeking an uncontested or simplified divorce where both parties agree on property division, spousal support, and other terms and there are no minor children to address.

  • Self-represented spouses who share no minor children and agree on key issues
  • Attorneys preparing streamlined filings for uncontested dissolutions
  • Mediators or settlement professionals documenting agreed terms prior to filing

Even when both parties agree, courts may require financial disclosures, notarized signatures, or a hearing; confirm local rules before filing.

Typical Professionals Involved

Family Law Attorney

A licensed attorney prepares or reviews the packet, ensures compliance with state statutes and local court rules, drafts settlement language for property and support, and represents a client at any required hearing or in case of post‑filing issues.

Self‑Represented Spouse

An individual completing the packet without counsel follows the included instructions, collects required financial disclosures and supporting documents, arranges notarization if required, and files the packet with the county clerk or family court.

Core Components in a Complete Packet

A professional packet groups mandatory court forms with explanatory notes so filers know what to attach, how to sign, and where to submit. Typical components address jurisdiction, financial data, property division, support, and the final judgment.

Petition/Complaint

The initial pleading that starts the divorce case and states residency, marriage date, grounds for dissolution, and relief requested.

Marital Settlement Agreement

A written agreement setting out division of assets and debts, any spousal support terms, and allocation of other rights and obligations between the spouses.

Financial Disclosure

Income statements, asset and liability schedules, and sworn declarations required by many states to demonstrate full financial disclosure.

Notice and Service Forms

Documents used to evidence proper service of process or agreement to accept service, including waivers or affidavit of service.

Final Decree

A proposed judgment that the court can sign to dissolve the marriage and incorporate the settlement agreement or terms decided by the parties.

Filing Checklist

A step‑by‑step checklist of attachments, fees, possible hearings, and local rule notes to minimize rejection risk at the clerk’s office.

Step‑by‑Step: Completing and Filing the Packet

Follow this sequence to prepare, sign, and submit a Divorce Without Minor Children Packet with minimal friction.

  • 01
    Assemble Forms: Collect petition, settlement agreement, disclosures, and filing checklist.
  • 02
    Complete Fields: Enter names, dates, assets, and signatures per instructions and required formats.
  • 03
    Notarize or Witness: Obtain notarization or witness signatures if your state or form requires them.
  • 04
    File with Court: Submit originals to the county clerk or family court and pay required filing fees.

Customizing the Packet for Online Completion

If you convert the packet to a fillable PDF or eForm, configure fields and signer order to match your workflow and legal requirements.

Field Configuration
Name Fields Require exact match and autocomplete off
Date Fields Use MM/DD/YYYY format with validation
Numeric Fields Set currency format; no negative values
Signature Fields Assign signer roles and require signature timestamp

Where to File and How the Document Moves Through the System

Filing locations and required steps depend on state and local court rules. Typical routing is clerk intake, case assignment, possible hearing, and entry of final decree.

  • Clerk Intake: File originals and pay fees at the county clerk or family court intake window.
  • Case Number Assignment: Court assigns a case number and schedules any required hearing or review.
  • Judicial Review: A judge or magistrate reviews filings; uncontested cases may be approved without a hearing.
  • Final Entry: Court signs and files the final decree; certified copies are available upon request.

Digital Signing and eSubmission Considerations

Electronic completion and signing can speed return and filing but must meet legal and court rules for signatures, notarization, and record retention.

  • Supported Formats: PDF and DOCX work with most eSignature platforms and preserve form layout.
  • Authentication: Use email plus SMS code or stronger signer authentication when courts require identity proof.
  • Notarization: For notarized documents, use in‑person notarization or approved Remote Online Notarization (RON) if accepted by your state.

Validate local court guidance on electronic filings and RON acceptance prior to eSubmission to ensure the court will accept electronically signed or notarized documents.

Typical Timelines and Deadlines to Watch

Deadlines depend on local practice, but filers should track filing, service, waiting periods, and finalization dates to avoid missed requirements.

Filing Date:

Court filing date begins the case; use MM/DD/YYYY to record it.

Service Deadline:

Complete service or waiver per local rules, often within 30–90 days after filing.

Response Period:

Respondent typically has 20–30 days to answer after service, depending on state rules.

Waiting Periods:

Some states impose a statutory waiting period before final decree entry.

Finalization:

Decree entry date is the effective date of the divorce and governs post‑decree enforcement.

Key Milestones from Filing to Final Decree

A sequential view of the primary milestones helps filers estimate time to completion and prepare required actions at each stage.

01

Prepare Packet

Complete all forms, disclosures, and settlement agreement prior to filing.

02

File with Clerk

File originals, pay fees, and obtain case number and initial scheduling information.

03

Serve Respondent

Effect service or obtain signed waiver of service according to local rules.

04

Entry of Final Decree

Court signs and files the decree after review or hearing, concluding the case.

eSignature Vendor Comparison for Completing and Signing the Packet

This comparison outlines basic pricing and feature differences among common eSignature vendors; signNow appears first per vendor listing conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

Security and Compliance Notes for Handling the Packet

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
HIPAA: HIPAA compliant with BAA where required
ESIGN/UETA: Meets ESIGN Act and UETA requirements
Access Controls: Multi-factor authentication available
Audit Trails: Comprehensive timestamp and IP logs
Certifications: SOC 2 Type II and ISO 27001 certified

Common Mistakes to Avoid

  • Using inconsistent names between forms and identification, which may delay processing
  • Failing to include required financial disclosures, leading to clerk rejection or later litigation
  • Skipping notarization or witness steps when state rules require them, invalidating parts of the filing
  • Submitting unsigned or incorrectly dated signature blocks that require corrective filings

Risks and Consequences of Incorrect Filings

Case Delay: Court may reject or return packet for correction
Fee Loss: Filing fees may be nonrefundable in some jurisdictions
Enforcement Risk: Ambiguous division language can lead to enforcement litigation
Support Liability: Incorrectly stated support obligations can create enforcement exposure
Tax Consequences: Improper property division entries may affect tax reporting
Notarization Issues: Invalid notary can require re-execution and refiling

Practical Tips for Accurate, Efficient Completion

Use these practices to minimize errors and speed court acceptance of the packet.

Follow Local Forms
Always use forms and instructions provided by the local court; statewide templates may differ from county checklists.
Verify Identity
Match legal names and provide government ID where required; stronger signer authentication reduces risk of later disputes.
Attach Exhibits
Attach detailed asset schedules, account statements, and bills rather than summarizing to prevent future ambiguity.
Get Limited Review
Consider a limited attorney review of the completed packet for a fixed fee to catch legal or drafting issues.

Real-World Examples of Packet Use

These brief examples show how different users applied a streamlined packet to complete an uncontested divorce without minor children.

Optica Ventures Example

A small business owner used the packet to finalize an uncontested divorce quickly and retain business continuity.

  • The parties agreed to a written asset split and waived a hearing.
  • The streamlined packet reduced administrative time; an attorney reviewed the settlement for one hour to ensure enforceability.

Martin Properties Example

A property owner resolved a marital split using the packet and eSignatures for execution.

  • Both spouses signed electronically and notarized required exhibits in person.
  • The process allowed reallocation of rental income rights with court entry of judgment within a single administrative cycle.

Common Questions About Using the Packet

Answers to frequent practical and legal questions to help filers avoid common pitfalls and meet court expectations.


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