Georgia Divorce Packet

SUPERIOR COURT
STATE OF GEORGIA
NO CHILDREN
With or Without Property
Control Number GA-008-D

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

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 petition form for divorce only
when all of the following facts are true;

1. Your marriage is irretrievably broken due to irreconcilable differences and
   there is no reasonable prospect of reconciliation;
2. There are no children born to or adopted by you and your spouse;
3. 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.
4. 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:

1. You must satisfy the residency requirements.
2. 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:

1. Incest;
2. Mental incapacity at the time of marriage;
3. Impotency at the time of marriage;
4. Force, menace, duress, or fraud in obtaining the marriage;
5. Pregnancy of the wife by one other than the husband at the time of
   marriage, unknown to the husband;
6. Adultery by either party;
7. Willful and continued desertion by either party for one year;
8. Conviction and imprisonment for at least two years for a crime of moral
   turpitude;
9. Habitual intoxication or drug addiction;
10. Cruel treatment;

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11. Incurable mental illness;
12. 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:

1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, physical and emotional condition of both parties;
4. The financial resources of each party;
5. The time necessary for either party to acquire sufficient education and
   training to find suitable employment;
6. The contribution of each spouse to the marriage;
7. The condition of the parties, including the separate estate, earning capacity
   and fixed liabilities of each party;
8. 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
between them as it deems equitable and just, after setting aside to each spouse that party's
separate property.

9. 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. Petition for Divorce (GA-803D);
3. Verification (GA-805D);
4. Non-Military Affidavit (GA-806D);
5. Acknowledgement of Service (GA-807D);
6. Acknowledgement of Service / Waiver of Venue (GA-808D);
7. Acknowledgement of Service / Waiver of Jurisdiction (GA-809D);
8. Separation Agreement (GA-810D);
9. Consent to Trial 31 Days After Service (GA-812D);
10. Final Judgment and Decree (GA-801D);
11. Domestic Relations Case Final Disposition Information Form
    (GA-819D);
12. Domestic Relations Financial Affidavit (GA-820D);
13. Motion for Judgment on the Pleadings (GA-821D).
14. Record 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. Petition for Divorce (GA-803D) – 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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
venue and personal jurisdiction in the State of Georgia.

8. Separation and Property Settlement Agreement (GA-810D) – 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.

9. 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.

10. Final Judgment and Decree (GA-801D) – This document grants the divorce and any
other relief requested.

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11. 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.

12. 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.

13. 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.

14. 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 contains 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.

STEP 1: The filing party (Petitioner) and Respondent should complete the following
forms:

• Petition for Divorce (GA-803D)
• 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.
• Separation Agreement (GA-810D). Signed by both parties.
• Consent to Trial 31 Days after Service (GA-812D) Signed by both parties.
• Domestic Relations Financial Affidavit (GA-820D)

STEP 2: Attach to the Separation Agreement to the Complaint. Make three copies of all the
signed forms used under step 1 and then file with the Clerk of Court in the county
of filing. A filing fee is paid.

STEP 3: 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 4: The Final Judgement and Decree (GA-801D) should then be completed.

STEP 5: Final Judgment and Decree (GA-801D) presented to the Court at the Final
Hearing for Judge's review and signature.

STEP 6: Domestic Relations Case Final Disposition Information Form (GA-819D)
completed and filed with Clerk of Court. This form is available form the Clerk.

The filing party is the Petitioner and the other party is the Respondent.

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The Clerk will give you a case number upon filing. Be certain to put this number on all copies
and originals.

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CHECKLIST

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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-008-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 effect 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 offered 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 IS 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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