Prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc.
SUPERIOR COURT
STATE OF GEORGIA
MINOR CHILDREN
With or Without Property
Control Number GA-006-D
This packet contains the following:
1. Information about Divorce
2. Form List
3. Form Explanations
4. Instructions and Steps
5. Checklist
6. Access to Law Summary
You and your spouse must agree to all terms of the divorce to use this packet.
All forms to be filed with the Clerk must be printed on Bond paper.
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INFORMATION ABOUT DIVORCE
1. WHO CAN USE THESE FORMS: You may use this divorce packet only when
all of the following facts are true;
(a) Your marriage is irretrievably broken due to irreconcilable
differences and there is no reasonable prospect of reconciliation;
(b) There are minor children of said marriage;
(c) You or your spouse have/has been a resident of the State of
Georgia for at least six months immediately prior to the filing of the action
for divorce.
(d) You and your spouse agree on all property issues and debts.
2. THE BASICS: In a typical divorce, there are basic two requirements that must be met
before you can file for a divorce. Those requirements are below:
(a) You must satisfy the residency requirements.
(b) You and your spouse must be seeking a divorce based upon irreconcilable
differences which have caused and irremediable breakdown of the
marriage.
3. RESIDENCY REQUIREMENTS: The party filing for divorce must have been an
actual and bona fide resident of the State of Georgia for at least six months prior to the
filing of the petition for divorce and such divorce action shall be filed in that party's
county of residence. If the filing party is a non-resident of the State of Georgia and the
other spouse has been a resident of the state for six months, the filing party may file the
petition in the county in which the other party resides.
4. GROUNDS FOR DIVORCE: A divorce may be granted in the State of Georgia on the
following grounds:
(a) Incest;
(b) Mental incapacity at the time of marriage;
(c) Impotency at the time of marriage;
(d) Force, menace, duress, or fraud in obtaining the marriage;
(e) Pregnancy of the wife by one other than the husband at the time of marriage,
unknown to the husband;
(f) Adultery by either party;
(g) Willful and continued desertion by either party for one year;
(h) Conviction and imprisonment for at least two years for a crime of moral
turpitude;
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(i) Habitual intoxication or drug addiction;
(j) Cruel treatment;
(k) Incurable mental illness;
(l) The marriage is irretrievably broken.
Irretrievable breakdown of the marriage is the no-fault grounds for divorce in the State of
Georgia.
5. LEGAL SEPARATION : When the spouses are separated, the State of Georgia permits
either party to petition the court for support on that party's behalf or on the behalf of any
minor children of the marriage.
This package does not contain forms for a legal separation.
6. WAITING PERIOD : A divorce based upon the irretrievable breakdown of the
marriage shall not be granted until at least 30 days have elapsed from the date of service
upon the respondent.
7. ALIMONY/SUPPORT : Since this is an agreed upon divorce, you and your spouse will
decide issues of alimony. The forms assume that no alimony will be paid and is waived
but you may add provisions for alimony if you desire. In a contested case, alimony may
be awarded to either spouse on either a permanent or temporary basis in accordance with
that party's needs and the other party's ability to pay, although a party is not entitled to
alimony if the court determines that the cause of the spouses separation was due to that
party's adultery or desertion. The amount of alimony will be determined by the court
after consideration of the following factors:
(a) The standard of living established during the marriage;
(b) The duration of the marriage;
(c) The age, physical and emotional condition of both parties;
(d) The financial resources of each party;
(e) The time necessary for either party to acquire sufficient education and training
to find suitable employment;
(f) The contribution of each spouse to the marriage;
(g) The condition of the parties, including the separate estate, earning capacity
and fixed liabilities of each party;
(h) Any other factor the court deems relevant and just.
8. DISTRIBUTION OF PROPERTY: Since this is an agreed upon divorce, the parties
will agreed to property distributions. Georgia is an equitable distribution state. In a
contested case, this means that the court will distribute the marital property of the parties
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between them as it deems equitable and just, after setting aside to each spouse that party's
separate property.
9. CUSTODY/VISITATION: It is the express policy of Georgia to encourage continuing
contact with parents and grandparents who have shown the ability to act in the best
interest of the child and to encourage parents to share in the rights and responsibilities of
raising their children after such parents have separated or dissolved their marriage. In all
cases in which the custody of any child or children is at issue between the parents, there
is no prima-facie right to the custody of the child or children in the father or mother.
There shall be no presumption in favor of any particular form of custody, legal or
physical, nor in favor of either parent. Joint custody may be considered as an alternative
form of custody by the judge and the judge at any temporary or permanent hearing may
grant sole custody, joint custody, joint legal custody, or joint physical custody as
appropriate.
The judge hearing the issue of custody shall make a determination of custody of a child
and such matter shall not be decided by a jury. The judge may take into consideration all
the circumstances of the case in determining to whom custody of the child should be
awarded. The duty of the judge in all such cases shall be to exercise discretion to look to
and determine solely what is for the best interest of the child and what will best promote
the child's welfare and happiness and to make his or her award accordingly.
In all custody cases in which the child has reached the age of 14 years, the child shall
have the right to select the parent with whom he or she desires to live. The child's
selection for purposes of custody shall be presumptive unless the parent so selected is
determined not to be in the best interests of the child. The parental selection by a child
who has reached the age of 14 may, in and of itself, constitute a material change of
condition or circumstance in any action seeking a modification or change in the custody
of that child; provided, however, that such selection may only be made once within a
period of two years from the date of the previous selection and the best interests of the
child standard shall apply.
In all custody cases in which the child has reached the age of 11 but not 14 years, the
judge shall consider the desires and educational needs of the child in determining which
parent shall have custody. The judge shall have complete discretion in making this
determination, and the child's desires shall not be controlling. The judge shall further
have broad discretion as to how the child's desires are to be considered, including through
the report of a guardian ad litem. The best interests of the child standard shall be
controlling. The parental selection of a child who has reached the age of 11 but not 14
years shall not, in and of itself, constitute a material change of condition or circumstance
in any action seeking a modification or change in the custody of that child. The judge
may issue an order granting temporary custody to the selected parent for a trial period not
to exceed six months regarding the custody of a child who has reached the age of 11 but
not 14 years where the judge hearing the case determines such a temporary order is
appropriate.
Except as provided in Code Section 19-6-2, and in addition to the attorney's fee
provisions contained in Code Section 19-6-15, the judge may order reasonable attorney's
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fees and expenses of litigation, experts, and the child's guardian ad litem and other costs
of the child custody action and pretrial proceedings to be paid by the parties in
proportions and at times determined by the judge. Attorney's fees may be awarded at both
the temporary hearing and the final hearing. A final judgment shall include the amount
granted, whether the grant is in full or on account, which may be enforced by attachment
for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile
or not. An attorney may bring an action in his or her own name to enforce a grant of
attorney's fees made pursuant to this subsection. 19-9-3
10. CHILD SUPPORT: In the final judgment or decree in a divorce case, the court shall
specify in what amount and from which parent the child is entitled to permanent support.
The final judgment or decree shall specify in what manner, how often, to whom, and until
when the support shall be paid, and include a written finding of the parents’ gross
income. The court shall also determine whether health insurance for the child involved is
reasonably available at a reasonable cost to either parent, and if so, may order that the
child be covered under such health insurance. The court shall further specify in the final
judgment or decree the amount of the noncustodial parent’s parenting time as set forth in
the order of visitation.
The amount of the obligor's child support obligation shall be calculated by determining
the gross monthly income of the mother and father, which may be reduced by self-
employment, preexisting child support orders or support of other children living in the
home who are not subject of the case before the court or any other child support order.
Each parent’s adjusted income is then added together to arrive at the combined adjusted
income amount. To calculate each parent’s pro rata share of child support, the combined
adjusted income is divided into each parent’s adjusted gross income. The child support
obligation table provides the dollar figure that corresponds with the combined adjusted
income amount and number of children for whom support is being determined. Each
parent’s pro rata percentage is multiplied by the basic child support obligation amount
from the table to determine each parent’s child support responsibility. Any health
insurance premiums and/or work related child care costs are also added together and
prorated between the parties. If either parent is already paying these costs, the parent who
is paying or will pay the expenses should be credited. The prorated basic child support
obligation after the adjustments for health insurance and work related child care costs
results in the presumptive amount of child support.
In the final judgment or decree, the court shall include written findings of fact as to
whether one or more of the allowed deviations are applicable, and if so, shall further set
forth the reasons the court or the jury deviated from the presumptive amount of child
support. The written findings shall state the amount of child support that would have been
required if the presumptive amount of child support had not been rebutted, and how the
court's or the jury's application of the child support guidelines would be unjust or
inappropriate considering the relative ability of each parent to provide support. The
written findings shall also set forth how the best interest of the child who is subject to the
child support determination is served by the deviation. Deviations from the presumptive
amount of child support may include high or low income, other health related insurance,
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child and dependent care tax credit, travel expenses, alimony, mortgage, permanency
plan or foster care plan, extraordinary expenses, non-specific deviations and parenting
time. If there are no deviations, the non custodial parent owes the custodial parent the
presumptive amount of child support. If there are deviations, the presumptive amount of
child support may be increased or decreased.
Application of these guidelines shall create a minimum basis for determining the amount
of child support and shall apply as a rebuttable presumption in all legal proceedings
involving the child support responsibility of a parent. The guidelines shall not, however,
prevent the parties from entering into an enforceable agreement contrary to the
presumptive amount of child support, as long as such agreement is reviewed by the court
for legal compliance and contains findings of fact to support any deviation. 19-6-15
The Georgia Child Support Commission provides manual and electronic access to
worksheets and schedules for use in calculating child support obligations at
http://www.georgiacourts.org/csc .
11. PARENTING SEMINAR: Depending upon where your divorce action is filed, you and
your spouse may be required to attend a seminar about assisting children in coping with
the effects of divorce. Make certain to check with the Clerk regarding this issue when
filing your divorce papers. In many cases, the Court will not grant a divorce until both
parties have attended the seminar.
12. NAME CHANGE: In all divorce actions, upon request, the court may restore a party to
a former or maiden name.
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FORMS LIST
The forms included or needed are:
1. Domestic Relations Filing Information Form – (GA-813D)
2. Domestic Intake Worksheet – (GA-814D)
3. Petition for Divorce – (GA-815D)
4. Verification – (GA-805D)
5. Non-Military Affidavit – (GA-806D)
6. Acknowledgement of Service – (GA-807D)
7. Acknowledgement of Service / Waiver of Venue – (GA-808D)
8. Acknowledgement of Service / Waiver of Jurisdiction – (GA-809D)
9. Sample Visitation Schedule – (GA-816D)
10. Separation and Property Settlement Agreement – (GA-817D)
11. Consent to Trial 31 Days After Service – (GA-812D)
12. Final Judgment and Decree – (GA-818D)
13. Domestic Relations Case Final Disposition Information Form – (GA-
819D)
14. Domestic Relations Financial Affidavit – (GA-820D)
15. Motion for Judgment on the Pleadings – (GA-821D)
16. Parenting Plan – (GA-822D)
17. Report of Divorce, Annulment or Dissolution of Marriage – (GA-
824D)
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FORM EXPLANATIONS
All forms included in this package, or needed, are identified and described below.
1. Domestic Relations Filing Information Form (GA-813D) – This form is used to
inform the Court as to the nature of the case filed and to provide basic information about
the parties.
2. Domestic Intake Worksheet (GA-814D) – This form is used to provide the Court with
detailed information regarding the parties and the type of case before it.
3. Petition for Divorce (GA-815D) - The Petition for Divorce is the document is the
document is which you are asking the court to grant your divorce along with any other
relief requested.
4. Verification (GA-805D) – This form is used by the Petitioner to certify to the Court that
the information contained in the Petition for Divorce is true and correct.
5. Non-Military Affidavit (GA-806D) – This document is used by the Petitioner to certify
that the Respondent is not on active duty with any branch of the U.S. Armed Forces.
6. Acknowledgement of Service (GA-807D) – This form is used by the Respondent to
acknowledge receipt of the Petition and to waive any and all further notice, service, and
issuance of process.
7. Acknowledgement of Service / Waiver of Venue (GA-808D) – This form is used by the
Respondent to acknowledge receipt of the Petition and to waive any and all further
notice, service, and issuance of process. This form is also used by the Respondent to
waive his or her right to venue in the county of his or her residence and to consent to
venue and personal jurisdiction the Court of filing. For use only when the Respondent
resides outside of the county of filing.
8. Acknowledgement of Service / Waiver of Jurisdiction (GA-809D) – This form is used
by the Respondent to acknowledge receipt of the Petition and to waive any and all further
notice, service, and issuance of process. This form is also used by the Respondent to
waive his or her right to jurisdiction in the state of his or her residence and to consent to
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venue and personal jurisdiction in the State of Georgia. For use only when the
Respondent resides outside of the State of Georgia.
9. Sample Visitation Schedule (GA-816D) – This is a sample visitation schedule intended
to be used as a guide in developing a visitation agreement between the parties.
10. Separation and Property Settlement Agreement (GA-817D) – This document
provides for the final distribution of any assets and debts of the parties, provides for
support of any children of the marriage and any other agreements reached between the
parties.
11. Consent to Trial 31 Days After Service (GA-812D) – This form is used by both parties
to consent to the hearing and granting of a divorce at any time thirty-one (31) days after
the filing of the acknowledgment of service or after service having been perfected against
the Respondent.
12. Final Judgment and Decree (GA-818D) – This document grants the divorce and any
other relief requested.
13. Domestic Relations Case Final Disposition Information Form (GA-819D) – This
form is used by the Court to document the type of disposition and any relief granted.
14. Domestic Relations Financial Affidavit (GA-820D) – This form is a written, sworn
statement by a party to a divorce that discloses the party’s financial status, including
assets, debts, income and expenses. It is witnessed and signed by Notary Public.
15. Motion for Judgment on the Pleadings (GA-821D) – This form is used by a plaintiff in
a divorce case to request that the court order judgment based on the pleadings alone on
the grounds that over 30 days have passed since the Defendant filed his or her
Acknowledgement of Service and Consent to Trial and that the Defendant has not filed
any answer, counterclaim or other defensive pleadings. Further, the Plaintiff claims that
the marriage is irretrievably broken and no hope of reconciliation exists.
16. Parenting Plan (GA-822D) – This form is to be used by parties to a divorce to set forth
the parties' desires regarding custody and visitation of the children, as well as decisions
affecting and records relating to the children's education, health, religious and extra-
curricular activities.
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17. Report of Divorce, Annulment or Dissolution of Marriage (GA-824D) – This Report
of Divorce is required to be filed along with a new divorce action. The information is
given to the Vital Records Branch of the Division of Public Health, Georgia Department
of Human Resources.
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INSTRUCTIONS AND STEPS
Note: If a form con tains a space for the signature of a Notary Public, it must be signed by you
(and if necessary by your spouse) in front of a Notary Public, who must notarize the document.
Prepare an original and several copies of each of your completed documents. Your spouse
should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies
and the court must have originals. The Clerk will give you a case number upon filing. Be
certain to put this number on all copies and originals.
STEP 1: The filing party (Petitioner) should complete the following forms:
Domestic Relations Filing Information Form (GA-813D)
Domestic Intake Worksheet (GA-814D)
Petition for Divorce (GA-815D)
Verification form (GA-805D)
Non-Military Affidavit (GA-806D).
Acknowledgement of Service (GA-807D) , if your spouse resides in the
County where the case is to be filed. Signed by Respondent.
Acknowledgement of Service and Waiver of Venue (GA-808D) , if your
spouse resides in another County of Georgia. Signed by Respondent.
Acknowledgement of Service and Waiver of Jurisdiction (GA-809D) , if
your spouse resides outside the State of Georgia. Signed by Respondent.
Domestic Relations Financial Affidavit (GA-820D)
STEP 2: Both parties should jointly complete the Separation Agreement (GA-817D) and
the Parenting Plan (GA-822D) making certain to agree to all of the terms
contained therein. The Sample Visitation Schedule (GA-816D) has been provided
for use as a guide in arriving at your own visitation arrangements.
STEP 3: Each party should sign the Consent to Trial 31 Days after Service (GA-812D).
STEP 4: Attach the Separation Agreement (GA-817D) and the Parenting Plan (GA-822D)
to the Petition for Divorce (GA-815D) . Make three copies of all the above-listed
forms and then file with the Clerk of Court in the county of filing. A filing fee is
paid.
STEP 5: Attendance at a parenting seminar may be required prior to the Court granting a
divorce. Check with the Clerk of Court in the county of filing to determine
whether you and your spouse must attend such a seminar.
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STEP 6: After the required waiting period of thirty (30) days has expired, contact the Clerk
of Court in the county of filing to schedule a hearing date. (Some judges will
finalize a divorce action without a final hearing through a process called
Judgment on the Pleadings. You may submit a Motion for Judgment on the
Pleadings (GA-821D) at this time, if it is applicable to your case).
STEP 7: The Final Judgment and Decree (GA-818D) should then be completed.
STEP 8: Final Judgment and Decree (GA-818D) presented to the Court at the Final
Hearing for Judge’s review and signature.
STEP 9: Domestic Relations Case Final Disposition Information Form (GA-819D)
completed and filed with Clerk of Court.
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CHECKLIST
Filing party completes:
Domestic Relations Filing Information Form (GA-813D)
Domestic Intake Worksheet (GA-814D)
Petition for Divorce (GA-815D)
Verification form (GA-805D)
Non-Military Affidavit (GA-806D).
Acknowledgement of Service (GA-807D); if spouse resides in the County
where the case is filed.
Acknowledgement of Service and Waiver of Venue (GA-808D); if spouse
resides in county of Georgia other than where case is filed.
Acknowledgement of Service and Waiver of Jurisdiction (GA-809D) ; if
spouse resides outside State of Georgia.
Domestic Relations Financial Affidavit (GA -820D)
Both parties jointly complete Separation Agreement (GA-817D) and Parenting
Plan (GA-822D). Sample Visitation Schedule (GA-816) provided as guide for
arriving at agreed visitation arrangement.
Each party signs Consent to Trial 31 Days After Service (GA-812D)
Three copies of each of above-listed documents made. Separation Agreement
(GA-817D) and Parenting Plan (GA-822D) attached to Petition (GA-815D) and
all documents filed with Clerk.
Both parties attend parenting seminar if required by Court.
Required waiting period of thirty (30) days elapses before contacting Clerk
regarding date for final hearing. Motion for Judgment on the Pleadings (GA-
821D) filed, if applicable.
Final Judgment and Decree (GA-818D) completed and presented to Court at final
hearing for review and signature.
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Domestic Relations Case Final Disposition Information Form (GA-819D)
completed and filed with Clerk.
NOTE ABOUT COMPLETING THE FORMS
The forms in this packet contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible.
The forms are locked which means that the content of the forms cannot be changed. You can
only fill in the information in the fields.
To complete the forms click on the gray shaded areas and type the information. For the
separation agreement complete the gray shaded areas and also make any other changes or
additions to resolve all issues.
Some forms are locked which means that the content of the forms cannot be changed unless the
form is unlocked. You can only fill in the information in the fields. If you need to make any
changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF
YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU
BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU
HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL
INFORMATION YOU ENTERED WILL BE LOST. To unlock, click on “Tools” in the
Menu bar and then selecting “unprotect document”. You may then be prompted to enter a
password. If so, the password is “uslf”. That is uslf in lower case letters without the
quotation marks . After you make the changes relock the document before you begin to
complete the fields. After any required changes relock the form, then click on the first form field
and enter the required information. You will be able to navigate through the document from
form field to form field using your tab key. Tab to a form field and insert your data. If you
experience problems, please let us know.
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LAW SUMMARY
You may access the law summary for your State by using the link below:
http://secure.uslegalforms.com/lawsummary/GA/GA-006-D.htm
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DISCLAIMER
These materials were developed by U.S. Legal Forms, Inc. based upon statutes and
forms for the subject state. All Information and Forms are subject to this
Disclaimer: All forms in this package are provided without any warranty, express or
implied, as to their legal efect and completeness. Please use at your own risk. If
you have a serious legal problem we suggest that you consult an attorney. U.S.
Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal
Forms (USLF) are not a substitute for the advice of an attorney.
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THESE FORMS WERE PREPARED FOR STATEWIDE USE. HOWEVER, SOME
COUNTIES OR JUDGES MAY REQUIRE CERTAIN MODIFICATIONS TO THE FORMS
FOR USE IN YOUR PARTICULAR COUNTY AND MAY REQUIRE SPECIAL FORMS
NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT
UNCOMMON, EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY.
REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS,
WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF
YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR
COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL
FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN
USE AS AN EXAMPLE.
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