Pataula Judicial Circuit
Clay, Early, Miller, Randolph, Quitman, Terrell, & Seminole
counties
Instructions for filing an UNCONTESTED DIVORCE without children1
Quick Facts:

You must file a complaint for divorce in the Superior Court to end a marriage in
Georgia. You can either hire an attorney2 who will prepare your case and represent
you in court, or you can use the sample forms included in this packet and represent
yourself in court. NOTE: YOU MAY NOT NEED ALL OF THE FORMS OR YOU MAY NEED
ADDITIONAL FORMS (NOT INCLUDED IN THIS PACKET) THAT YOU CAN FIND ON
THIS WEBSITE.3

If you represent yourself, you are considered to be pro se4.

After a court issues a final judgment and decree5, you can remarry.

An uncontested divorce is one in which the parties work out an agreement regarding
issues such as alimony, property division, etc.

The parties do not ask the judge to settle arguments between them, but rather work
things out by themselves. In an uncontested divorce, the judge is only asked to
approve the decisions which you have made together with your spouse. If this is not
the case, YOU HAVE NOT SELECTED THE CORRECT FORMS.

This court always recommends that you seek the advice of an attorney if
you are filing for a divorce that involves minor children. If one or more of the
following situations below applies to you, then you MAY WANT TO CONTACT AN
ATTORNEY BEFORE PROCEEDING.
o
The case becomes contested and your spouse has a lawyer.
o
You cannot find your spouse to serve him or her with your papers.
o
You think you will have difficulty getting information and documents from
your spouse regarding income, retirement funds, etc.
Use black ink only or type in the fillable form.
PLEASE PRINT THEM LEGIBLY. Failure to provide improper,
incomplete, or illegible forms will delay the filing and ultimate finalization of your divorce. NOTE: ONCE THE
DIVORCE IS FILED YOU ARE RESPONSIBLE FOR SETTING UP YOUR FINAL DIVORCE HEARING
1
Please note that these forms are free to download, but no one in the court (personnel in the judges’ offices or clerks’ offices) can assist you
with legal advice or help you fill out these forms. If you need assistance, please get the advice of a Georgia licensed attorney.
2 All attorneys licensed in Georgia are listed at https://www.members.gabar.org/Custom/Directory/
3 This may be required if you would like a restraining order, etc.
4 Pro se means you are NOT represented by an attorney and court personnel cannot assist you.
5 This will take at least 31 days to finalize.
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DETAILED INSTRUCTIONS6:
STEP 1: Complete the Domestic Relations Filing Information Form.
To complete the Filing Information form:
1. In the top line, fill in the county where you are filing and the date filed.
2. In the second line, fill in the names of the Plaintiff and Defendant.
3. Where it says “Plaintiff/Petitioner’s Attorney,” check the box which says “Pro Se.”
4. In the left-hand box, check “Divorce.”
5. In the right hand box, indicate whether or not you are asking for relief from family
violence by checking yes or no in the appropriate boxes.7
STEP 2: Complete the Complaint for Divorce.
Fill in your full name as the Plaintiff and your spouse’s full name as Defendant. Do not fill in
where it says Civil Action File No. because your case has not been assigned a case number
yet. Insert your name in the space provided just before paragraph one (1).
1. Paragraph 1: Subject Matter Jurisdiction
a. Check box a) if you have lived in the state of Georgia for at least six months
prior to filing your complaint for divorce.
b. Check box b) if you are not a resident of the state of Georgia, but your
spouse has lived in Georgia and in the county where you are filing for at least
six months prior to your filing the complaint for divorce.
c. NOTE: If neither a) or b) applies to you, you cannot file for divorce
here. The filing will have to be made in the proper jurisdiction.
2. Paragraph 2: Venue and Service
a. The venue refers to the proper place to hold a trial based on issues such as
fairness and convenience to the parties, as well as the county’s connection to
the events in dispute. In Georgia, the general rule is that the proper venue
(place) to sue a Defendant for divorce is in the Defendant’s county of
residence. This rule can be found in the 1983 Georgia Constitution, Article 6,
Section 2, Paragraph 1. You can read this online at
http://www.cviog.uga.edu/Projects/gainfo/conart6.htm.
 When the Defendant in a divorce case is incarcerated, Georgia courts
have held that venue is proper in the county where the Defendant
6
You may not need all of the forms that are included in the “Uncontested Divorce with Children” packet. Neither
the court nor its personnel can advise you which forms you will need. If you need help determining this, you may
want to seek the advice of an attorney.
7 You may have to include additional forms if this is the case.
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resided with his or her spouse before the incarceration. See Scott v.
Scott, 192 Ga. 370, 15 S.E.2d 416 (1941); McLeod v. McLeod, 144 Ga.
359, 87 S.E. 286 (1915); Barton v. Barton, 74 Ga. 761 (1885).
b. Venue in a Georgia divorce is proper in:
 The county where the Defendant resides, if s/he is a resident of
Georgia;
 The county where the Plaintiff resides, if the Defendant is not a
Georgia resident;
 Any county adjacent to a military post or reservation (for a divorce
where a party has resided on that military post or reservation for a
year before the divorce was filed)
NOTE: Venue can be waived, either by signing a waiver form or
by failing to object to improper venue IF it is the county
where the Plaintiff resides, IF the Defendant moved
from that county within 6 months of the date of
filing; AND That county was the marital domicile at
the time the parties separated.
 Acknowledgement of Service

Check box a) if your spouse will sign an Acknowledgement of
Service. You will need to give your spouse of copy of your
completed Complaint for Divorce and have him/her sign the
Acknowledgement of Service. By signing this form, your spouse
is letting the court know that he/she has received a copy of
your petition and, therefore, will not need to be served with a
copy of your petition by the sheriff.

Check box b) if your spouse lives in Georgia but does not live in
the county where you are filing; or your spouse lives in another
state and will consent (agree) to let you file for divorce in
Georgia.
3. Paragraph 3: Date of Marriage
a. Check box a) if you and your spouse have a marriage certificate. Insert the
date you were married in the space provided. (Example: 1/1/2000 or January
1, 2000)
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b. Check box b) if you and your spouse are common law married. Insert the
date you and your spouse entered into your marriage in the space provided.
You were common law married if the following statements are true:
 You and your spouse were able to enter into a contract at the time you
established a common law marriage. You were over age sixteen and
mentally competent.
 You and your spouse actually entered into a contract of marriage
meaning that you and your spouse agreed that you were married.
 You and your spouse have had sexual intercourse.
 All of the above were done before January 1, 1997.
4. Paragraph 4: Date of Separation
a. Insert in the space provided the date you and your spouse separated. It is not
essential that the husband or wife leave the marital homeplace; separation
can occur when one spouse moves into another room with the intent and
purpose of suspending conjugal rights. The suspended conjugal rights include
the company, cooperation, assistance, aid and intimacy of the other spouse in
every conjugal way. See Hosford v. Hosford, 58 Ga.App 188, 199, 198 S.E.
289(1938); Blasingame v. Blasingame, 249 Ga. 791, 294 S.E. 34 (1982).
5. Paragraph 5: Children

Check the box underneath paragraph 5 to indicate that you have no minor
children. If this is not the case, then you do not have the correct forms.
6. Paragraph 6: Grounds for Divorce
a. This uncontested divorce packet uses the most common ground for divorce,
that the marriage is “irretrievably broken.” This means that you and your
spouse are unable to live together, and there is no hope that the two of you
will get back together again. This is what is commonly called a “no fault”
divorce.
7. Paragraph 7: Settlement Agreement
a. Check the box beside paragraph 11 to indicate that you have signed a
settlement agreement with your spouse.
STEP 3: Verification
TO BE PROPERLY FILED, THE VERIFICATION FORM MUST BE COMPLETED AND
NOTARIZED. Complete the Verification form. Insert your name as Plaintiff and your
spouse’s name as Defendant. Do not fill in where it says Civil Action File No. The clerk will
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assign a number to your case when you file your complaint. You will need to sign this
Verification in the presence of a Notary Public. Most banks and many libraries have a
notary on staff and will notarize your documents for a small fee.
STEP 4: Settlement Agreement
The Caption: Fill in the name of the county in which you are filing. Fill in the names of the
Plaintiff and the Defendant. Leave the Civil Action No. blank empty; the Clerk of Court will
assign a number to the case.
Introductory paragraph: insert the names of the husband and wife.
1. Paragraph 1: Separation
a. Check the box beside paragraph one to show that you want to live apart from
one another.
2. Paragraph 2: Alimony
a. Check a) if you agree to have alimony payments for the support of one of the
parties. Check the boxes to show who is making payments to whom. In the
blank provided, indicate the amount. Check the box beside week/month to
indicate how often the payments should be made. In the blank provided,
indicate the date on which the first payment should be made.
3. Paragraph 3: Division of Property
a. Choose box a) if you have no marital property to divide.
b. Choose paragraph b) if you have already divided up your marital property to
your mutual satisfaction.
c. Choose box c) if you have items of property to be divided. In the blanks
provided, list what those items are.
4. Paragraph 4: Division of Debts
a. Check box a) if you have no joint debts which should be divided.
b. Check box b) if you have joint debts which need to be divided. In the chart
provided, list the name of the creditor, the amount owed, and who will be
responsible for the debt.
5. Paragraph 5: Name Restoration

Check the box beside this paragraph if a party wishes to be restored to a former
surname or to a maiden name.8 (EX: Jane Elizabeth Doe to Jane Elizabeth Smith)
6. Paragraph 6: Binding Agreement
8
Make sure to include first, middle, and last name. If you fail to fill out this portion, but would like a maiden name restored after the finalization
of the divorce, you will have to have your name changed through the superior court in a separate filing. This will have an additional cost.
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
Check the box beside this paragraph to show that this agreement was entered
voluntarily without any external pressure and that that there are no agreements
other than those listed in this document.
7. Paragraph 7: Enforceability

Check the box beside this paragraph to show that you agree to be bound by this
agreement whether you maintain a separate maintenance or go on to get a
divorce.

Each party must sign the Agreement in the presence of a notary public. The
parties do not have to sign at the same time, and they do not have to use the
same notary public.9
STEP 5: Other Court Documents
In addition to the complaint for Divorce and the Verification, you will need to attach the
following forms to your complaint (they are in the packet):
1. Consent to Try within 31 Days
2. Acknowledgement of Service [OR] Acknowledgement of Service,
Affidavit of Waiver of Venue and Personal Jurisdiction
3. Final Order
How to complete the final order:

Caption: Fill in your full name as the Plaintiff and your spouse’s full name as
Defendant. Do not fill in where it says Civil Action File No. The clerk will
assign a number to your case when you file your complaint.

Please indicate whether or not the wife would like to restore her maiden name.
PLEASE PUT THE FULL NAME. Example: Jane Elizabeth Doe.
9
If one party lives elsewhere they may get it signed in the presence of a notary then mail it to the filing party. The court will not accept the filing
if it is not notarized.
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UNCONTESTED DIVORCE WITHOUT CHILDREN CHECKLIST:
1. Do I have my Domestic Relations Filing Form Completed (except for the case number
which will be provided by the Clerk of the Court?
2. Do I have my Complaint for Divorce?

If yes, does it meet the following requirements?
o I know where my spouse is; AND
o I plan to use the no fault reason for divorce, “irreconcilable differences;” AND
o My spouse and I are willing to sign a written agreement (contract) that
decides the following issues:
 Whether you have any debts, and how to divide them;
 Whether you have any possessions that need to be divided, and how;
AND
 Whether you will have alimony, and if so, how much.
3. Do I have my Verification form?

If yes, is it properly completed and signed by the Plaintiff in the presence of a notary
public who has attested to this fact by stamping it with their seal and/or signing it?
4. Do I have the Consent to Trial 31 Days After Service and Waiver of Right to Trial by Jury?

If yes, is it properly completed and signed by the Plaintiff and Defendant in the
presence of a notary public who has attested to this fact by stamping it with their
seal and/or signing it?
5. Do I have an Acknowledgement of Service OR Defendant’s Acknowledgement of Service
Affidavit of Waiver of Venue and Personal Jurisdiction?

If yes, are they properly completed and signed by the Defendant in the presence of
a notary public who has attested to this fact by stamping it with their seal and/or
signing it?
6. Do I have a Final Divorce and Decree?
7. Do I have all required financial affidavits which are required by this Court to obtain my
Final Judgment and Decree of Divorce?
IF YOU HAVE ANSWERED NO TO ANY OF THESE QUESTIONS, THEN YOU DO
NOT HAVE THE REQUIRED PAPERWORK TO FILE A DIVORCE IN THIS CIRCUIT.
Please secure the documents and/or meet the requirements as set forth above or consult an
attorney who will do so on your behalf.
I understand that I represent myself and that no one in the Court can assist me with any of
this process (this includes personnel in the clerk’s office and judge’s office).
________________________________ [Plaintiff] ____________ [Date]
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
vs.
______________________________,
Defendant.
COMPLAINT FOR DIVORCE
Comes now Plaintiff, _____________________________, [name] in the above-styled
action and files this Complaint for Divorce against Defendant and respectfully shows the court
the following:
1.
Residence Requirement (Check only ONE either A, B, or C)
 (A) Plaintiff lives in ___________________ County, Georgia, and has lived in the State
of Georgia for at least months prior to this action.
 (B) Plaintiff lives in ___________________ County, Georgia, at the following military
post: ___________________________________________ for at least one year before
filing this petition.
 (C) Plaintiff does not live in the State of Georgia, but Defendant has been a resident of
the State of Georgia for at least six (6) month prior to my filing this action. Defendant
lives in ___________________ County, Georgia.
2.
Venue and Service (Check only ONE either A, B, or C)
 (A) The Defendant lives in Georgia, in ___________________ County, and we are filing
this action in the Defendant’s home county. Defendant has signed the Acknowledgement
of Service.
 (B) The Defendant lives outside the State of Georgia in ___________________ County,
___________________ [state]. The Defendant has signed an Acknowledgement of
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Service/Affidavit of Waiver of Venue and Personal Jurisdiction consenting to let this
Court handle the divorce.
3.
Date of Marriage (Check only ONE either A or B)
 (A) Plaintiff and Defendant were lawfully married on _______________________ [date].
 (B) Plaintiff and Defendant are common law married, having entered into a common law
marriage before January 1, 1997 on _______________________ [date].
4.
Date of Separation
 The Defendant and I are separated. All companionship, cooperation, assistance, aid, and
intimacy ended on or about _______________________ [date]. We are still separated.
5.
Minor Children of the Marriage
 There are no minor children born of the marriage and the wife is not now pregnant.
6.
Grounds for Divorce
 Plaintiff is entitled to a divorce upon the statutory ground that the marriage is
irretrievably broken and there is no hope of reconciliation, O.C.G.A. §19-5-3(13).
7.
Settlement Agreement
 The parties have both signed a settlement agreement that resolves all issues as to an
equitable division of property and debts.
WHEREFORE, Plaintiff respectfully requests:
(a) That the parties herein be totally divorced;
(b) That he Court adopt and incorporate the parties’ settlement agreement into a final
judgment and decree in this matter;
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(c) That the Wife’s name be restored to her former name, which was:
__________________________________________ (first, middle, last name)
(d) That the Plaintiff has such other and further relief as this Court deems equitable and just.
Respectfully submitted, this _______ day of ________________________, 20___.
____________________________________________
Signature of Plaintiff
____________________________________________
Plaintiff’s Name Printed
____________________________________________ _________________, _____ _________
Plaintiff’s Street Address
City
State Zip
Plaintiff’s Home Phone: __________________ Alternate Phone: __________________
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
VERIFICATION
The Plaintiff personally appeared before the undersigned notary public, and the Plaintiff
on oath states that the facts set forth in this Complaint are true and correct to the best of his/her
knowledge and belief.
_______________________________________________
Signature of Plaintiff (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
vs.
______________________________,
Defendant.
SETTLEMENT AGREEMENT
This is an agreement by and between ________________________________ (hereinafter
referred to as “Wife”) and _______________________________ (hereinafter referred to as
“Huband”).
WHEREAS, the parties are married but are currently living in a bona fide state of
separation;
WHEREAS, the parties desire to settle between themselves all questions of division of
property, alimony, and all other rights and obligations arising out of their marital relationship;
NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the
parties agree as follows;
1.
Separation
 The parties shall continue to live separate and apart and each shall be free from
interference, molestation, authority and control, direct or indirect, by the other as fully as
if sole and unmarried, and each may reside at such place or places as he or she may
select.
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2.
Alimony (Check only ONE either A, B, or C)
 A. The Husband /Wife  shall pay to the Husband /Wife  as alimony the sum
$_________ per week/month, to be paid beginning on __________ and to continue
thereafter until the Husband /Wife  remarries or dies.
 B. The Husband /Wife  shall pay to the Husband /Wife  as alimony the sum
$_________ per week/month, to be paid beginning on __________ and to continue
thereafter until the following date: the ______ day of _________________[month],
________[year].
 C. The parties hereby expressly waive (give up) alimony for the past, present, and future.
3.
Division of Property (Check only ONE either A, B, or C)
 A. The parties acknowledge that they have no marital property to divide.
 B. The parties acknowledge that they have previously made a division of their household
furniture, furnishings, household goods, equipment, and other such property. Neither
party shall claim any of the property in the possession of the other as of th date of the
signing of this agreement.
 C. The parties acknowledge that they possess various items of jointly owned property
which shall be divided as follows:
1. To the Wife:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
2. To the Husband:
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_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
4.
Division of Debts (Check only ONE either A or B)
 A. The parties acknowledge that they have no outstanding joint debts.
 B. The parties agree to the division of debts as indicated below:
Creditor:
Amount:
Responsible Party:
The responsible party will repay the non-responsible party for any collection on these obligations.
5.
Name Restoration
 The parties request that the Wife’s name be changed to a former name, which is:
____________________________________________
6.
Binding Agreement
 The parties acknowledge that they have entered into this Agreement freely and
voluntarily and that it is not the result of any duress or any undue influence. This
agreement is the entire understanding of the parties and there are no verbal agreements
outside of this written contract.
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7.
Enforceability
 It is expressly understood that this Agreement does not obligate the parties to continue to
live in a state of separation or to proceed with an action for divorce. However, in the
event that either party shall bring or maintain an action for dissolution of the marital
relationship, this Agreement shall be presented to the court and incorporated by reference
into judgment or decree concerning the matters provide herein. Notwithstanding such
incorporation, this Agreement shall survive and be enforceable independently of the
judgment or decree.
IN WITNESS WHEREOF, the parties have signed their names, this _______ day of
_________________, 20____.
_______________________________________________
Signature of Plaintiff (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________
_______________________________________________
Signature of Defendant (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
CONSENT TO TRIAL 31 DAYS AFTER SERVICE AND
WAIVER OF RIGHT TO TRIAL BY JURY
Both the Plaintiff a the Defendant, as indicated by their signatures below, waive their
right to trial by jury and consent to the hearing and granting of a divorce in this action any time
thirty-one (31) days after the filing of the acknowledgement of service or after service has been
perfected.
_______________________________________________
Signature of Plaintiff (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________
_______________________________________________
Signature of Defendant (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
ACKNOWLEDGMENT OF SERVICE AND SUMMONS
The undersigned Defendant hereby acknowledges service of the above Summons and
Complaint for Divorce and states that he/she has received a copy of said Complaint, and
Defendant hereby waives any further service of process.
This the _____ day of __________________________, 20__.
_______________________________________________
Signature of Defendant (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
My Commission Expires: ______________________
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
DEFENDANT’S ACKNOWLEDGEMENT OF SERVICE
AFFIDAVIT OF WAIVER OF VEUE AND PERSONAL JURISDICTION
I, ___________________________________________________[name], the named
Defendant in the above-styled case, after being duly sworn, do hereby declare that I am a
resident of _________________________ County, ____________________[state], and that the
Plaintiff in the above-styled case is a resident of __________________________ County,
Georgia. I affirm that I have received a copy of said Petition/Complaint, and I hereby waive all
further notice, service, and issuance of process.
After being duly informed that I have a constitutional right to a trial by judge or jury on
the above matter in the county of my residence, and with that knowledge, I hereby expressly
waive my right to venue in the county of my residence, and consent to venue and personal
jurisdiction in the county of this superior court.
This the _____ day of __________________________, 20__.
_______________________________________________
Signature of Defendant (in the presence of a Notary Public)
Sworn to and subscribed before me this ________ day of ______________________, 20___.
___________________________________________
Notary Public, State of Georgia
_____________________________
My Commission Expires
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
FINAL JUDGMENT AND DECREE
Upon consideration of this case, upon evidence submitted as provided by law, it is the
judgment of the Court that a total divorce be granted, that is to say, a divorce a vinculo
matrimonii, between the parties to the above stated case upon legal principles.
A hearing being held on the matter and Defendant agreeing to the jurisdiction of
__________________________ County, Georgia, it is considered, ordered and decreed by the
Court that the marriage contract heretofore entered into between the parties to this case, from and
after this date, be and is set aside and dissolved as fully and effectually as if no such contract had
ever been made or entered into.
Petitioner and Respondent in the future shall be held and considered as separate and
distinct persons altogether unconnected by any nuptial union or civil contract whatsoever and
both shall have the right to remarry.
The Court restores ________________________ (wife) to her prior or maiden name,
which is: ___________________________________________________.
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The parties shall adhere to the settlement agreement entered into between the parties and
filed with the court on the ________ day of ________________, 20___ is hereby incorporated
into and made a part of this Final Judgment and Decree of Divorce.
Each party is restrained and enjoined from molesting or harassing the other party. Decree
and order entered this _____ day of __________________________, 20___.
________________________________________
Judge, Superior Court of
_________________________ County, Georgia.
Submitted by:
__________________________________,  Plaintiff or  Defendant pro se
Phone #_______________________
Address: ______________________________________________________________________
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