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Blank Georgia Divorce Form

The Georgia Divorce Form is a legal document used to initiate divorce proceedings in the state of Georgia. It outlines essential information such as residency requirements, grounds for divorce, and custody arrangements if children are involved. Understanding this form is crucial for anyone considering divorce, as it sets the foundation for the legal process ahead.

Outline

The Georgia Divorce form is a crucial document for anyone looking to navigate the divorce process in the state. This form outlines essential information that must be provided by the Petitioner, including residency details, the names of both spouses, and the date of marriage. It also addresses the separation date and any minor children involved, specifying custody arrangements and child support considerations. The form allows for the inclusion of a separation agreement if one exists, which can be incorporated into the final divorce decree. Additionally, it covers matters related to marital property, joint debts, and the restoration of a former name. Grounds for divorce must also be stated, with options ranging from irretrievably broken marriage to instances of cruel treatment. Each section requires careful attention to detail, ensuring that all necessary information is accurately represented to facilitate a smoother legal process.

Sample - Georgia Divorce Form

Petition for Divorce-rev. 06/2012 Page 1 of 7

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

FAMILY DIVISION

Petitioner:

and

Respondent:

Civil Action File No:

ETITION FOR

IVORCE

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. 6/2012 Page 2 of 7

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.)

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.

 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 Page 3 of 7

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.

Petition for Divorce-rev. 6/2012 Page 4 of 7

 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))

 1) Respondent should be responsible for uncovered costs.

 2) The Parties should share the uncovered costs.

 3) Petitioner should be responsible for uncovered costs.

 c) The issue of insurance cannot be decided in this action because Georgia does not

have personal jurisdiction over my spouse

Petition for Divorce-rev. 6/2012 Page 5 of 7

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:

Petition for Divorce-rev. 6/2012 Page 6 of 7

_______________________________________________________________________

 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;

Petition for Divorce-rev. 6/2012 Page 7 of 7

 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: ( )

________

Click for PDF

Form Information

Fact Name	Description
Jurisdiction Requirements	To file for divorce in Georgia, at least one spouse must have been a resident of the state for six months prior to filing.
Separation Agreement	Petitioners can attach a separation agreement to the petition, which may be incorporated into the final divorce decree.
Child Custody Options	The form provides multiple options for custody arrangements, including sole, joint, and visitation rights.
Grounds for Divorce	Common grounds for divorce in Georgia include irretrievable breakdown of the marriage and cruel treatment.
Governing Laws	The divorce process in Georgia is governed by O.C.G.A. § 19-5-1 et seq., which outlines the procedures and requirements for divorce filings.

Detailed Guide for Filling Out Georgia Divorce

Filling out the Georgia Divorce form requires careful attention to detail. After completing the form, you will need to file it with the appropriate court and follow the necessary procedures for serving your spouse. This ensures that the divorce process can move forward smoothly.

Begin by writing your name as the Petitioner at the top of the form.
Fill in the Civil Action File Number, if known.
Indicate whether you have been a resident of Georgia for over six months or if your spouse has been a resident.
Provide your spouse's name as the Respondent.
Check the appropriate box regarding your spouse's residency and jurisdiction.
If applicable, indicate if you have a separation agreement that you want included in the divorce decree.
Fill in your spouse's address for service of process if known.
State the date of your marriage and the date of separation.
Indicate whether there are minor children and list their names, sexes, and birth dates if applicable.
Specify the custody arrangement you are seeking for the children.
Provide the current residence of the minor children and their living arrangements over the past five years.
Check whether you have participated in any other custody actions regarding the children.
List any other persons with claims to custody or visitation rights concerning the children.
Complete the child support section if applicable, including your employment and income details.
Indicate whether health insurance for the minor children will be required and how costs will be shared.
Specify if you are seeking life insurance for the minor children.
State whether you are seeking alimony and provide a brief explanation if applicable.
Detail any marital property and how you wish to divide it.
List any joint debts and indicate who should be responsible for payment.
Request restoration of your former name if desired.
Check the grounds for divorce that you can prove at trial.

Obtain Answers on Georgia Divorce

What is the purpose of the Georgia Divorce form?

The Georgia Divorce form is a legal document used to initiate divorce proceedings in the state of Georgia. It allows the Petitioner to formally request a divorce from their spouse, known as the Respondent. This form outlines essential information such as residency, marriage details, children, custody arrangements, and grounds for divorce.
Who can file for divorce using this form?

To file for divorce in Georgia, one of the spouses must be a resident of the state for at least six months prior to filing. If the Petitioner is not a resident, the Respondent must have been a resident of Georgia and Fulton County for at least six months before the filing. This requirement ensures that the court has jurisdiction over the case.
What information is required on the form?

The form requires various pieces of information, including:
- Names and addresses of both spouses
- Date of marriage and separation
- Details about any minor children, including custody arrangements
- Information about marital property and debts
- Grounds for divorce
Providing complete and accurate information is crucial for the processing of the divorce.
What should I do if my spouse's whereabouts are unknown?

If the Respondent's whereabouts are unknown, the Petitioner can file an Affidavit of Due Diligence, which demonstrates efforts to locate the Respondent. In such cases, the court may allow service by publication, meaning that legal notices will be published in a newspaper to inform the Respondent about the divorce proceedings.
Can I request child custody and support in the divorce form?

Yes, if there are minor children involved, the form allows the Petitioner to request custody arrangements and child support. The Petitioner must specify the desired custody type, whether it is sole, joint, or visitation rights, and provide details about child support needs. This information helps the court make informed decisions regarding the welfare of the children.
What happens after I file the divorce form?

After filing the divorce form, the court will review the submission. If everything is in order, the court will schedule a hearing. Both parties may be required to attend this hearing, where they can present their case regarding the divorce, custody, and any other related issues. If the court grants the divorce, it will issue a final decree.
Can I restore my former name through this process?

Yes, the Georgia Divorce form includes an option for the Petitioner to request the restoration of a former name. If the Petitioner wishes to revert to their maiden name or any previous name, they must indicate this request on the form. The court will consider this request as part of the divorce proceedings.

Common mistakes

Filling out the Georgia Divorce form can be a daunting task. Many people make mistakes that can delay the process or even lead to rejection of their petition. Here are eight common errors to avoid.

First, some individuals fail to check the correct box for subject matter jurisdiction. It is essential to indicate whether you have been a resident of Georgia for more than six months or if your spouse has been a resident. This detail is crucial for the court to establish its authority over your case.

Second, incomplete information about the respondent can create issues. People often forget to provide the full name of their spouse or neglect to specify the correct county of residence. Missing this information can lead to complications in serving divorce papers.

Another common mistake involves the date of marriage and separation. Some individuals either leave these fields blank or provide incorrect dates. Accurate dates are vital as they establish the timeline of the marriage and separation, which can affect other aspects of the divorce.

Fourth, many people overlook the section regarding minor children. If you have children, you must check the appropriate box and provide detailed information about their custody and living arrangements. Failing to do so can result in delays in custody determinations.

Fifth, individuals sometimes forget to include a separation agreement when applicable. If you and your spouse have reached an agreement, it should be attached to the petition. This document can significantly influence the court's decisions regarding property and custody.

Sixth, some people neglect to complete the financial sections, such as child support and health insurance. Providing accurate information about income and expenses is critical for the court to make informed decisions about support obligations.

Seventh, individuals may incorrectly check the boxes regarding marital property and debts. It's important to be honest and thorough in this section. Misrepresenting assets or debts can lead to legal consequences and complications in the divorce process.

Finally, many people fail to sign and date the form. A missing signature can render the petition invalid, causing unnecessary delays. Always double-check that you have completed all required fields and signed the document before submission.

Documents used along the form

When filing for divorce in Georgia, several additional forms and documents may be necessary to support your case. Each document serves a specific purpose and helps ensure that all relevant issues are addressed during the divorce process. Below is a list of commonly used documents alongside the Georgia Divorce form.

Separation Agreement: This document outlines the terms agreed upon by both spouses regarding the division of property, child custody, and support. It can be incorporated into the final divorce decree if both parties consent.
Affidavit of Due Diligence: If a spouse cannot be located, this affidavit demonstrates the efforts made to find them. It is essential for serving the other party by publication.
Child Support Worksheet: This form calculates the amount of child support one parent may owe to the other based on income, expenses, and the needs of the children.
Custody Agreement: If the couple has children, this document outlines the custody arrangements and visitation rights. It is crucial for ensuring the children's best interests are considered.
Financial Affidavit: This form provides a detailed account of each spouse's income, expenses, assets, and debts. It helps the court understand the financial situation of both parties.
Notice of Hearing: This document informs both parties of the date and time of the court hearing regarding the divorce. It ensures that all parties have the opportunity to present their case.
Proposed Parenting Plan: If children are involved, this plan outlines how parents will share responsibilities and make decisions regarding their children's upbringing.
Order for Service by Publication: This order allows the court to proceed with service of the divorce papers through publication when one spouse cannot be located.
Final Judgment and Decree: This is the official document issued by the court that finalizes the divorce and outlines the terms agreed upon by both parties or determined by the judge.

Understanding these documents can help you navigate the divorce process more effectively. It is important to ensure that all necessary forms are completed accurately and submitted on time to avoid delays in your case. Seeking assistance from a legal professional can also provide valuable guidance throughout this challenging time.

Similar forms

Complaint for Divorce: This document initiates the divorce process, similar to the Georgia Divorce form. Both forms require the petitioner to provide information about the marriage, grounds for divorce, and details regarding any children involved. They both seek to establish jurisdiction and venue for the case.
Separation Agreement: A separation agreement outlines the terms under which a couple will live apart. Like the Georgia Divorce form, it can include provisions for child custody, support, and division of property. Both documents aim to formalize arrangements between spouses during or after separation.
Child Custody Agreement: This document is specifically focused on the custody and visitation arrangements for children. Similar to the Georgia Divorce form, it addresses the best interests of the child and includes details about living arrangements, visitation schedules, and responsibilities of each parent.
Petition for Modification: This document requests changes to existing court orders, such as custody or support. Like the Georgia Divorce form, it requires the petitioner to demonstrate a change in circumstances and provide relevant information to the court for consideration.

Dos and Don'ts

When filling out the Georgia Divorce form, it's essential to approach the process with care and attention to detail. Here’s a list of things you should and shouldn't do:

Do read the entire form carefully before starting. Understanding each section will help you provide accurate information.
Do double-check your residency status. Make sure to indicate whether you or your spouse meets the residency requirements for filing in Georgia.
Do provide complete and accurate information about your children, if applicable. This includes their names, dates of birth, and current living arrangements.
Do sign and date the form. An unsigned form is not valid and will delay the process.
Don't leave any sections blank. If a question does not apply to you, write "N/A" instead of skipping it.
Don't forget to keep copies of all documents submitted. Having records can be crucial for future reference.

By following these guidelines, you can help ensure a smoother process as you navigate your divorce proceedings in Georgia.

Misconceptions

Misconception 1: The Georgia Divorce form is only for couples with children.

This is not true. The form can be used by couples without children as well. Whether or not you have kids, you can file for divorce using this form. Just ensure you complete the sections that apply to your situation.

Misconception 2: You must hire a lawyer to fill out the Georgia Divorce form.

While legal representation can be beneficial, it is not a requirement. Many people choose to represent themselves and successfully complete the form. Just be sure to read the instructions carefully and provide accurate information.

Misconception 3: The form guarantees a quick divorce.

Filling out the form correctly is just one step in the divorce process. The timeline for finalizing a divorce can vary widely based on factors like court schedules and whether both parties agree on the terms.

Misconception 4: You cannot change the form once it’s submitted.

This is not accurate. If you need to make changes after submission, you can typically file a motion to amend your petition. It's essential to stay proactive and communicate with the court if adjustments are necessary.

Key takeaways

Filing for divorce can be a challenging experience, and understanding the process is crucial. Here are some key takeaways regarding the Georgia Divorce form:

Residency Requirements: Ensure that you meet the residency requirements before filing. You must have been a resident of Georgia for at least six months, or your spouse must have been a resident of Georgia for the same duration.
Jurisdiction and Venue: Clearly identify the jurisdiction and venue. This involves confirming where your spouse lives and whether the court has the authority to hear your case.
Children and Custody: If there are minor children involved, be prepared to provide information regarding their custody and living arrangements. This includes detailing any existing custody actions and the children's current place of residence.
Marital Property and Debts: Be ready to disclose information about marital property and any joint debts. This will help in determining how these assets and liabilities will be divided during the divorce process.
Grounds for Divorce: Clearly state the grounds for your divorce. Common grounds include irretrievable breakdown of the marriage or cruel treatment. Ensure that you can substantiate these claims if required.

Understanding these elements can help streamline the process and reduce stress during this difficult time. Each step taken with care can lead to a more favorable outcome.