Pataula Judicial Circuit
Clay, Early, Miller, Randolph, Quitman, Terrell, & Seminole
Instructions for filing a CONTESTED DIVORCE WITH 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.

A contested divorce is one in which the parties cannot work out an agreement
regarding issues such as alimony, property division of debts, etc. The judge is
responsible for settling arguments between the parties. The parties are responsible
for presenting evidence to support their case at trial. Discovery can include
depositions, interrogatories, requests for production of documents, and other
procedures. You are responsible for doing the discovery for your own case.

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 is contested and/or your spouse has a lawyer.
o
You cannot find your spouse to serve him or her with your papers.
o
You might lose custody of your children.
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 Georgia attorneys 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.

Check box c) if you are having your spouse served by the
Sheriff and you are filing in the Defendant’s county.

Check box d) if you are having your spouse served by the
Sheriff and you are filing in the Plaintiff’s county. Use this
paragraph if the following statements are true:
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a. If you are filing in the county of your marital residence
(where you last lived together).
b. The Plaintiff still lives in the county of the marital
residence.
c. The Defendant moved to another Georgia county within
the previous six months.

Check box e) if you are serving a Georgia spouse who cannot
be found

Check box f) if you are serving a non-Georgia spouse. Choose
one of the following:
a. If you know where the non-Georgia spouse lives. Use
this paragraph if your spouse is subject to Georgia’s long
arm statute. The long arm statute gives a Georgia court
personal jurisdiction over a non-resident defendant if he
or she had enough contacts with the state. You will have
to do your own research to determine if your spouse is
subject to the long arm statute.
b. If you do not know where the non-Georgia spouse lives.
Use this paragraph if your spouse lives outside of
Georgia, but his or her exact whereabouts are unknown.
You will have to complete an affidavit of due diligence to
include with your packet.
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)
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.
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 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. List all children born to you and your
spouse together, even if the children were born before your marriage. List the
child(ren)’s name(s), date(s) of birth(s), and sex(es). If the wife is pregnant,
indicate how many babies she is carrying and the expected due date.
6. Paragraph 6: Grounds for Divorce
a. Check the reasons why you are requesting a divorce. You can check more
than one. The most common reason is 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. If you
check one of the other twelve grounds for divorce, you have to PROVE your
grounds for divorce.
7. Paragraph 7: Alimony
a. Check box a) if you are seeking temporary alimony which will last until the
divorce is final.
b. Check box b) if you are seeking alimony which is both temporary (will last
until the final decree) and permanent (will last until one of you dies or until
the spouse receiving alimony remarries). If you engaged in adultery,
desertion, cruel treatment, or other fault grounds for divorce, you will not be
able to get alimony.
8. Paragraph 8: Marital Property
a. Check box a) if you and your spouse do not have any marital property.
b. Check box b) if you and your spouse have already divided your marital
property to your mutual satisfaction.
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c. Check box c) if you and your spouse have marital property which needs to be
divided up by the Court. Check off the various items of property which you
own, and give additional information if necessary.
9. Paragraph 9: Joint Debts
a. Check box a) if you and your spouse do not have any joint debts.
b. Check box b) if you and your spouse have joint debts. Insert in the spaces
provided information about these debts. Indicate which person should pay for
each debt.
10. Paragraph 10: Name Restoration
a. Check this box if you want your former name restored to you. Insert your
name in the space provided. You cannot change your name to a different
name if it was not your former name. For example, you can return to your
maiden name or to the surname of a former spouse if you had that name in
the past.
11. Paragraph 11: Children’s Past Living Arrangements
a. This information is required by O.C.G.A. §19-9-69. Insert in the space
provided the addresses where the children lived, the dates they lived at each
place, and the names of who they lived with.
12. Paragraph 12: Other Actions Involving the Children
a. This information is required by O.C.G.A. §19-9-69. The kind of proceedings
that the Court is interested in knowing about includes: custody, visitation,
family violence protective orders, termination of parental rights, and
adoptions. Check box a) if there has never been any other custody action
concerning your child(ren).
b. Check box b) if there has ever been or is presently another custody action
concerning your child(ren). In the space provided, insert the location of the
custody action, the type of action, when it began, and what happened at that
action.
13. Paragraph: 13 Other Parties with a Custody Claim
a. Check box a) if no one other than you or your spouse has a court order
stating what legal rights they have to your child(ren). This means that there
is no court order granting anyone else custody or guardianship of your child.
b. Check box b) if someone other than you or your spouse has any legal rights
to your child(ren). Insert in the space provided the name of the person or
agency, and what legal rights that person or agency has to your children.
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14. Paragraph 14: Custody
a. Check box a) if you want for you and your spouse to share legal custody of
the children, but you want one spouse to have primary physical custody.
b. Check box b) if you want one party to have legal custody and the other party
to have physical custody.
c. Check box c) if you want one party to have both legal and physical custody.
15. Paragraph 15: Visitation
a. Check box a) if you want to write up your own visitation schedule in the blank
provided.
b. Check box b) if you want to use the attached visitation schedule.
16. Paragraph 16: Child Support Amount
a. YOU MUST INCLUDE THE EXCEL WORKSHEET WITH YOUR PAPERWORK. IT IS
LOCATED AT http://www.georgiacourts.org/csc/. You can find training
materials for further help at http://www.georgiacourts.org/csc/training.html.
b. If you do not understand how to prepare these worksheets after consulting
the training materials, you may want to seek the advice of an attorney.
c. You must include your print copy of the Worksheet with the papers
you file. If you fail to include this Worksheet, the Clerk’s Office will
refuse to file your papers.
d. If the wife is pregnant, on the child support worksheet you will list the child’s
name as “First Name--Unborn; Middle Name--Child; Last Name—[Put your
last name.].” The child support calculator will not accept zeroes or a future
date for the date of birth. Put the date that you filled out the worksheet as
the child’s date of birth. Once you have completed the child support
worksheet, you can fill out paragraph five of the Settlement Agreement.
Check the boxes to indicate which parent is making the payments and which
parent is receiving the payments. In the blank provided, insert the amount of
child support which you came up with after filling out the Child Support
Worksheet [this is LINE 13]. In the blank provided, insert the date on which
the first child support payment should be received.
17. Paragraph 17: Child Support Method of Payment
a. Check the box beside a) if you intend to have the non-custodial parent send
payments directly to the custodial parent. This provision allows for an income
deduction order in the event that payments are late three or more times in
any twelve month period.
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b. Check the box beside b) if you intend for child support to be paid through
Georgia Child Support Enforcement via an income deduction order.
18. Paragraph 18: Health Insurance
a. This paragraph allows you to designate which party will cover the minor
children under a health insurance policy, and to divide up any medical
expenses which are not covered by health insurance.
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
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: 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):
a. Service and Venue Forms (pick one of the following numbers 1-4)
1. Acknowledgment of Service and Rule Nisi with Temporary
Restraining Order
2. Defendant’s Acknowledgement of Service and Affidavit of
Waiver of Venue and Personal Jurisdiction
3. Certificate of Service and Rule Nisi with Temporary Restraining
Order
4. Motion for Service by Publication and Notice of Summons
b. Lis Pendens Notice-You will need this if you real property such as land or a
house.
c. 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.

Contents of Order: (You will use the numbers from your Child Support
Worksheet)
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1. Change of Name—In the first blank, fill in the current name of the
spouse whose name will be changed. In the second blank, fill in the
name of that spouse as it will be after the change of name.
2. Names of Children (Paragraph 1)—Fill in the names of the children and
their dates of birth.
3. Name of Custodial Parent (Paragraph 2 a)—Fill in the name of the
Custodial Parent.
4. Name of Non-custodial parent (Paragraph 2 b)—Fill in the name of the
Non-custodial parent.
5. Parenting Time (Paragraph 2 c)—Fill in the number of days which the
non-custodial parent will visit with the child(ren).
6. Gross income of Husband (Paragraph 3 a)—Fill in the gross income of
the Husband.
7. Gross income of Wife (Paragraph 3 b)—Fill in the gross income of the
Wife.
8. Non-custodial parent’s adjusted income (Paragraph 4 a)—Fill in the
adjusted income of the non-custodial parent.
9. Custodial Parent’s adjusted income (Paragraph 4 b)—Fill in the
adjusted income of the custodial parent.
10. Combined adjusted income (Paragraph 4 c)—Fill in the amount of the
parties’ combined adjusted income.
11. Basic Support Obligation (Paragraph 5)—Fill in the amount of the Basic
Child Support Obligation which is listed on the “Child Support
Obligation Schedule Table” based on the parties’ Combined Adjusted
Income.8 Move the bar on the far right-hand side of the screen about
one-third of the way down the document in order to see this table.
12. Basic Child Support Obligation/Custodial Parent (Paragraph 6 a) Fill in
the amount of the Basic Child Support Obligation for the Custodial
parent.
13. Basic Child Support Obligation/Non-custodial parent (Paragraph 6 b)—
Fill in the amount for the Basic Child Support Obligation for the Noncustodial parent.
14. Health Insurance (Paragraph 7)—Check the box to show whether
health insurance is available at a reasonable cost. Fill in the name of
8
Found at http://www.georgiacourts.org/aoc/publications/sb382.htm
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the parent who is responsible for maintaining health insurance for the
children.
15. Presumptive Amount of Child Support/Custodial Parent (Paragraph 8
a)—Fill in the Presumptive Amount of Child Support for the Custodial
parent.
16. Presumptive Amount of Child Support/Non-custodial Parent (Paragraph
8 b)—Fill in the Presumptive Amount of Child Support due to the Noncustodial Parent.
17. Presumptive Amount of Child Support/Custodial Parent—Fill in the
Presumptive Amount of Child Support due to the Custodial Parent.
18. Title II Social Security Benefits (Paragraph 9)—Fill in the amount of
benefits which the child receives each month under Title II of the
Federal Social Security Act on the Obligor’s account.
19. Special Circumstances (Paragraph 10)—Leave this area blank
because the Judge has discretion on whether and how to use
deviations from the Presumptive Amount of Child Support. The
Judge will fill in this part of the Order.
20. Final Amounts (Paragraphs 11 and 12)—Leave these areas
blank. If the Judge alters the Presumptive Amount of Child
Support based on Special Circumstances, the final amounts
may be different from the numbers on your Child Support
Worksheets and Schedules.
21. Name of the Non-custodial Parent—Fill in the name of the Non
Custodial Parent.
d. Income Deduction Order and Income Deduction Order Notice [Note: All
divorce decrees must contain an income deduction order unless:]
i. The Court issuing the order finds there is good case not to require
immediate withholding; or
ii. A written agreement is reached between both parties which provides
for an alternative arrangement.
STEP 5: Produce the required financial documents.
Along with the divorce packet, you must simultaneously file the following listed
documents, as well as a certificate of service showing that the documents were
properly served on the other party, and indicating the date on which the
documents were served:
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1.
Complete the required Child Support Worksheets and Schedules by going to
http://www.georgiacourts.org/csc/. If you need help with data entry on the Excel
spreadsheet, you might want to find a bookkeeper or attorney to help you.
2. Domestic Relations Financial Affidavit (included in this packet)
3. All federal and state income tax returns, gift tax returns and intangible and personal
property tax returns filed by the party or on the party’s behalf for the past three (3)
years.
4. IRS forms, W-2, 1099 and K-1 forms for the past year, if the income tax return for
that year has not been prepared. Also, if such income tax return has not been
prepared, a year-ending pay stub received from the party’s employer should be
provided.
5. Pay stubs or other evidence of earned income for the twelve (12) months prior to the
filing of the action.
6. A statement by the producing party identifying the amount and source of all income
received from all sources during the twelve (12) months preceding the filing of this
action if same is not reflected on the pay stubs produced.
7. All loan applications and financial statements prepared or used within the three (3)
years preceding the filing date of this action, whether used for the purpose of
obtaining or attempting to obtain credit for any other purpose.
8. The most recent statement for any liquid fund assets, including, but not limited to,
profitsharing,401-K, money market, stock and securities, bonds, accounts,
retirement and pension plan.
9. Corporate, partnership and trust tax returns for the last three (3) years, if the
producing party has an interest in a corporation, partnership, or trust greater than or
equal to thirty (30%) percent.
10. All written pre-marital or marital agreements entered into at any time between the
parties to this marriage, whether before or during the marriage.
11. Any court orders directing a party to pay or receive spousal or child support, even if
received from a third party.
STEP 6: Pay the filing fee--$207.50 (subject to change)
STEP 7: File your forms
You should make two copies of all of your documents. Give the clerk your original and the
two copies. The clerk will then stamp the documents to show that your complaint has been
filed and will give you your copy for your records and another copy for the defendant.
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STEP 8: Get a hearing date.
You must contact the judge’s secretary to get a hearing date 31 DAYS AFTER THE DIVORCE
IS FILED. If you drop off the documentation, but it is rejected, THAT IS NOT CONSIDERED
YOUR FILING DATE! The filing date is the date listed with the clerk’s stamp. 9
STEP 9: Prepare your case for trial
A contested divorce requires additional preparation and documents that are not required in
an uncontested divorce. Contested divorce proceedings can be extremely complicated and
involved, so this Court recommends that you seek the advice of a Georgia licensed attorney.
If you do decide to proceed on your own, you must be prepared to complete the entire
process from filling your divorce to seeing it to completion. Civil cases require discovery and
you are responsible for completing this discovery by whatever means it may be:
interrogatories, depositions, requests for production of documents, physical and mental
examinations, or requests for admissions. If you are representing yourself, you must do
independent research to complete any and all discovery steps and procedures. No member
of this Court (judges, clerks, secretaries, or assistants) can help you with this process. If
you do not know how to complete this, you need to seek the advice of an attorney.
STEP 10: Receive the final judgment
The divorce is not final until the Final Divorce and Decree is signed by the judge. Only
after the divorce is final may either of the parties remarry.
If the complaint is not answered by your spouse, the divorce may be granted after 46 days
after he or she was served, unless the judge extends the time for a response with a court
order.
If your spouse was served by publishing a notice in the newspaper, the divorce may be
granted at any time suitable to the judge 61 days or more after the date of the first
publication.
The contested divorce process can take a long time. It can be as short as 31 days and can
take up to several years.
9
Located in the upper right hand corner.
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CONTESTED DIVORCE WITH 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 have served him or her with the
documentation of which I have documentation to show this service OR I have
provided the necessary fee and forms to have the sheriff’s office serve the
other party OR I don’t know where my spouse is, but I have made diligent
efforts to find him or her, I have provided documentation to support this
diligent search, and I will follow the rules pursuant to O.C.G.A. §9-10-71 for
Service by Publication; AND
o I have indicated the names and birthdates of the child(ren) born of this
marriage; AND
o If I plan to use anything other than the no fault reason for divorce,
“irreconcilable differences,” I have proof to support this selection; AND
o I have indicated whether or not I require alimony and can provide financial
affidavits to support this selection; AND
o I have indicated whether or not my spouse and I require the division of
marital property, and I have provided sufficient evidence for the court to
make a determination of the division of any marital property; AND
o I have indicated whether or not my spouse and I require the division of joint
marital debt, and I have provided sufficient evidence for the court to make a
determination of the division of any marital debt; AND
o I have indicated whether or not I (or my spouse) would like her name to be
restored to a former name; AND
o I have provided the Court with the child(ren)’s past living arrangements with
the names, addresses, and dates of the person/people my child has lived
with; AND
o I have provided the Court with any other types of actions that involved my
minor children; AND
o I have provided the Court with the names of any other person that may have
a claim to my child(ren) and whatever that claim may be; AND
o I have provided the a proposed custody, visitation, child support, and health
insurance specification to the Court for my minor child(ren).
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?
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
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 Certificate of Service?
7. Do I have a Rule Nisi with Restraining Order?
8. Have I provided the Motion for Service by Publication (see #2) if I do not know where
my spouse is located AND have I provided an Affidavit of Due Diligence for this Service
by Publication pursuant to O.C.G.A. §9-11-4(e) AND the Service for Order by Publication
AND Notice of Summons for the Service by Publication?
9. Do I have all required financial affidavits and evidence required to support any requests
for division of property, division of debt, or alimony?
10. If I do have real property such as land or a house, have I provided a Lis Pendens
Notice?
11. Do I have a Final Divorce and Decree to provide to the judge for his signature?
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, C, D, E, or F)
 (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) I am filing the divorce in the county where the Defendant lives. The Defendant lives
in Georgia, in ___________________ County, and has signed the Acknowledgement of
Service and has waived further service of process.
 (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.
 (C) I am filing in the county where the Defendant lives. Defendant is a resident of
________________________ County, Georgia and may be served at his /her 
resident/work address of: _________________________________________________.
 (D) I am filing in the county where the Plaintiff lives. The Defendant is a resident of
________________________ County, Georgia but Defendant and I lived together in my
home county, _____________________________ [name of county] at the time we
separated. The Defendant has only moved from this County within the past six months
from the date of this filing. Defendant shall be served by second original at his /her 
resident/work address of: _________________________________________________.
 (E) I am filing in the county where the Plaintiff lives. The Defendant is a resident of
Georgia, but his /her  whereabouts are unknown to me as shown by my Affidavit of
Due Diligence attached hereto and incorporated by reference, marked Exhibit A. The
Defendant 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 the Defendant which is ______________________________________
_________________ within 15 days of the filing of the Order by Service by Publication.
 (F) I am filing this Complaint in the county where the Plaintiff lives, Defendant is not a
resident of the State of Georgia, but I am a resident of ____________________________
County Georgia and (check item (1) or item (2).)
(1) The Defendant was formerly a resident of the State of Georgia and presently is
a resident of the State of __________________________. Defendant may be
served by a second original pursuant to the Long Arm Statute, O.C.G.A. §9-1091(5).
(2) The Defendant’s whereabouts are unknown to me as shown by my Affidavit
of Due Dilligence 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. §9-1091(5).
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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 enered 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.
Children Born of the Marriage (Check only ONE either A or B)
 (A) There are ____ [number] children born of the marriage :
Name: ______________________________________ DOB: __________ Sex: _______
Name: ______________________________________ DOB: __________ Sex: _______
Name: ______________________________________ DOB: __________ Sex: _______
Name: ______________________________________ DOB: __________ Sex: _______
 (B) The Wife is currently pregnant with _______ (1, 2, 3, etc.) infant(s), and her due date
is the _______ day of ___________________________, 2012.
6.
Grounds for Divorce (Check one or more grounds that you can prove)
Plaintiff is entitled to a divorce from the Defendant on the statutory grounds that:
 The marriage is irretrievably broken and there is no hope of reconciliation, O.C.G.A.
§19-5-3(13).
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 Cruel Treatment. My spouse committed the following acts of cruel treatment to me such
that I am afraid he /she  will hurt me in the future (list specific incidents below):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
 Adultery. My spouse has had sexual intercourse outside of our marriage.
 Desertion. On or about ________________________ [date], my spouse, without just
cause or reason, intentionally abandoned and deserted m for a period of at least one year
as follows: ______________________________________________________________.
 Intermarriage. My spouse and I are related as follows:
_______________________________________________________________________.
 Mental incapacity. I did not have the mental capacity to enter into a marriage when we
are married because _______________________________________________________.
 Impotency. My spouse was impotent at the time of the marriage, and I was not aware of
this.
 Force, menace, duress, fraud in obtaining the marriage. I entered this marriage against my
will as a result of _________________________________________________________.
 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.
 Conviction of party fr an offense involving moral turpitude. On or about
_______________________ [date], my spouse was sentenced to serve at least two years
in the penitentiary for the following: _________________________________________.
 Habitual intoxication. My spouse is repeatedly intoxicated.
 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 at 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 ill.
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 Habitual drug addiction. My spouse is addicted to drugs as follows:
_______________________________________________________________________.
7.
Alimony (Check only ONE A, B, or C)
 (A) I am seeking temporary alimony which will end on the date of the final decree of
divorce. I did not engage in adultery, desertion, cruel treatment, or other fault grounds for
divorce.
 (B) I am seeking temporary and permanent alimony which will last until I remarry or
until my former spouse or I should die. I did not engage in adultery, desertion, cruel
treatment, or other fault grounds for divorce.
 (C) I expressly waive (give up) alimony for the past, present, and future.
8.
Marital Property (Check only ONE A, B, or C)
 (A) Defendant and I have no marital property.
 (B) Defendant and I have already divided our marital property to our mutual satisfaction.
 (C) Defendant and I have the following marital property that I have checked, and I am
seeking an equitable division of this property.
 A house located at __________________________________________________.
A Lis Pendens is attached hereto as Exhibit ___.
 Pension(s): Mine: _____________________ My spouses: __________________.
 Motor vehicles (list make, model, and year):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
 Furniture (list or attach list):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
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 Bank accounts and investments (list or attach list):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
 Other:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
9.
Joint Debts (Check only one A or B)
 (A) Defendant and I have no joint outstanding debts.
 (B) Defendant and I have the following debts. I have indicated which party should be
responsible for each debt. The responsible party will indemnify and hold harmless the
non-responsible party for any collection on these obligations.
Creditor
Amount
Responsible Party
10.
Name Restoration
 My former name is ________________________________________ first | middle | last],
and I request that it be restored to me.
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11.
Child(ren)’s Past Living Arrangements
For the past five years, the children lived at the following addresses and with the following
people (including dates of this residence):
Address:
Dates:
Lived with:
12.
Other court actions concerning the children (Check only ONE either A or B)
 (A) Plaintiff has not participated as a party or a witness in any other capacity in any other
litigation concerning the children named above and knows of no other proceeding
concerning the minor children in this or any other state.
 (B) There have been the following actions regarding the minor children: (This includes
actions including custody, visitation, family violence, protective orders, termination of
parental rights, and adoption)
County/State/Court:
Type of Custody Action:
______________________
_____________________________ ___________ ____________
______________________
_____________________________ ___________ ____________
______________________
_____________________________ ___________ ____________
______________________
_____________________________ ___________ ____________
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Date Filed:
Status:
13.
Others with a custody claim (Check only ONE either A or B)
 (A) No person other than the Plaintiff or Defendant has physical custody of the child(ren)
or claims to have custody or visitation rights with respect to the minor child(ren).
 (B) The following persons other than the Plaintiff or Defendant has/have custody or
visitation rights with the minor children:
Name:
Claim:
___________________________________ __________________________________________
___________________________________ __________________________________________
___________________________________ __________________________________________
___________________________________ __________________________________________
14.
Child Custody

(A) Plaintiff and Defendant are both fit to share temporary and permanent joint legal
custody of the minor child(ren). It is in the best interest of the minor child(ren) for the
_________________ to have primary physical custody. The parties shall share decision
making concerning the child(ren); however, in the event t parties cannot decide, the 
Husband/  Wife shall have the final decision concerning:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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 (B) It is in the best interest of the minor child(ren) for ____________________________
to have legal custody and ______________________________________ to have
physical custody.
 (C) It is in the best interest of the minor child(ren) for ____________________________
to have both legal and physical custody because:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
15.
Visitation (Check only ONE either A or B)
 A. The Husband /Wife  have made up their own visitation schedule: (write your
schedule below or attach additional sheets if more space is required)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
 B. The parties want to use the Visitation Schedule that is attached.
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16.
CHILD SUPPORT
You must go to http://www.georgiacourts.org/csc/ and complete the Child Support Worksheet,
which is a Microsoft Office Excel spreadsheet. This is the way that you will determine the
amount that must be filled in section 5 & 6 of this settlement agreement. YOU MUST PRINT
THE WORKSHEET AND INCLUDE IT IN YOUR PAPERWORK IN ORDER TO FILE.
CHILD SUPPORT AMOUNT
 The Husband /Wife  shall pay to the Husband /Wife , as support of the minor
child(ren),the sum of $____________*per week/ bi-weekly/ month, starting on
_________, and continuing per week/ bi-weekly/ month, thereafter until each
respective child reaches the age of eighteen (18), or so long as the child is enrolled in and
attending secondary school (not to exceed age twenty (20)), marries, dies, or becomes
otherwise emancipated. The child support obligation shall be reduced as follows as each
child becomes emancipated:
_____________________________________________________________________
*The amount was derived from line 13 of the Child Support Worksheet, which is attached.
17.
CHILD SUPPORT METHOD OF PAYMENT (Check only ONE either A or B)
 A. All payments of child support shall be paid directly to the Husband /Wife  at the
following address
_______________________________________________________________________.
No Income Deduction Order will be entered into at this time. However, whenever, in
violation of the terms of this Agreement, there shall have been a failure to make the
support payments due hereunder so that the amount unpaid is equal to or greater than the
amount payable for one (1) month, the requirement payments may be collected by the
process of continuing garnishment for support. In the event Husband /Wife  fails to pay
any child support obligation in this Agreement on a timely fashion on any three (3)
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occasions in any twelve (12) month period, the parties agree that an income deduction
order shall then be entered.
 B. All payments of child support shall be paid by the employer of the non-custodial
parent pursuant to an income deduction order.
 C. All payments of child support shall be paid to Georgia Child Support Enforcement
pursuant to an Income Deduction Order.
18.
HEALTH INSURANCE
 The Husband /Wife  shall maintain a policy of medical, dental, and hospitalization
insurance for the benefit of the minor child(ren) for so long as the child support
obligation set forth herein exists. Costs not covered under the insurance policy shall be
divided between Husband and wife as follows:
______________________________________________________________________.
The Husband /Wife  shall provide Husband /Wife  with an insurance identification
card or such other acceptable proof of insurance coverage and shall cooperate with the
Husband /Wife  in submitting claims under the policy.
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Wherefore, the Plaintiff respectfully requests:
(A) That the parties be totally divorced;
(B) That the Court adopt and incorporate the parties’ Settlement Agreement into a final
judgment and decree in this matter;
(C) That the wife’s name be changed back to ______________________________________
[First, Middle, and Last name to be restored to. Example: Jane Doe Smith]
(D) That the Court enter an Order to Child Support (Child Support Worksheet attached);
(E) That the Court award such other and further relief as it deems equitable and just.
Respectfully submitted this the ______ day of _______________________________, 20_____.
____________________________________________
Signature of Plaintiff
____________________________________________
Plaintiff’s Name Printed
____________________________________________ _________________, _____ _________
Plaintiff’s Street Address
City
State Zip
Plaintiff’s Home Phone: __________________ Alternate Phone: __________________
____________________________________________ _________________, _____ _________
Defendant’s Street Address
City
State Zip
Defendant’s Home Phone: __________________ Alternate Phone: __________________
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Exhibit “__”
VISITATION SCHEDULE
The non-custodial parent is __________________________________________.
The custodial parent is _____________________________________________.
The non-custodial parent shall be entitled to exercise reasonable visitation with the minor child with the following
minimum provisions:
A. On every 1st, 3rd, and 5th Friday at 6:00 p.m. until the following Sunday at 6:00 p.m.;
B. During even numbered years (2002, 2004, etc.), the non-custodial parent shall have the right of visitation on the
holidays delineated below:
1. Martin Luther King’s Birthday
2. Memorial Day
3. Labor Day
4. Thanksgiving
5. Second week of Christmas Vacation from 2:00 p.m. on December 25 until New Year’s Eve.
C. During odd numbered years (2003, 2005, etc.,) the non-custodial parent shall have the right of visitation on the
holidays delineated below:
1. New Year’s Day
2. Easter or Spring Break
3. July 4th
4. Halloween
5. First Week of Christmas vacation, including Christmas Day until 2:00 p.m. on December 25.
D. During even numbered years (2002, 2004, etc.), the custodial parent shall have the minor child on the holidays
delineated below:
1. New Year’s Day
2. Easter or Spring Break
3. July 4th
4. Halloween
5. First week of Christmas vacation, including Christmas Day until 2:00 p.m. on December 25.
E. During odd numbered years (2003, 2005, etc.), the custodial parent shall have the right of visitation on the
holidays delineated below:
1. Martin Luther King’s Birthday
2. Memorial Day
3. Labor Day
4. Thanksgiving
5. Second week of Christmas vacation from 2:00 p.m. on December 25 until New Year’s Eve.
F. The Mother shall have the minor child on Mother’s Day.
G. The Father shall have the minor child on Father’s Day.
H. The non-custodial parent shall have the right to visit with the minor child for two consecutive weeks in the
summer between June 15 and August 15. During this period, the custodial parent shall have the minor child on the
first (1st) weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday. The non-custodial parent shall give the custodial
parent a minimum of thirty (30) days written notice of the intent to exercise this visitation.
I. Holiday visitation shall take precedence over weekend visitation.
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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,
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 VENUE 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 #: ________________
*
*
*
*
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing COMPLAINT FOR DIVORCE
upon the following  counsel for __________________________________________ [party] or
 __________________________________________ [party if no counsel of record] by
delivering [or causing to be delivered] by hand copy of the same as follows:
[Name and address of counsel of record, or of parties if no counsel of record.]
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________
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,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
RULE NISI WITH TEMPORARY RESTRAINING ORDER
The within and foregoing Complaint having been read and considered, the same is
allowed, ordered, and filed; and let a copy thereof be served upon the Defendant as required by
law.
Plaintiff is hereby awarded temporary use and possession of the former marital residence
located at _____________________________________________________________________.
Defendant is ordered to vacate the residence upon service. Defendant shall be allowed to take
with him his clothing and other purely personal items. Defendant is ordered to surrender all keys
to the marital residence to the serving Deputy.
Defendant is hereby restrained and enjoyed from coming about, calling, or otherwise
contacting the Plaintiff in any fashion at any location.
Plaintiff is hereby awarded temporary use and possession of the __________________
_______________________ vehicle. Defendant is ordered to surrender all keys to the
______________________________________ vehicle to the serving Deputy.
Let the Defendant show cause before me on the _______ day of ___________________,
20____, at ____________________________ in _______________________________ County,
Georgia at ___ o’clock __.M., why the prayer of Plaintiff for temporary relief should not be
granted as requested.
In the meantime and until further order of this Court, the Defendant is restrained and
enjoined from: molesting, harassing, or harming the Plaintiff, from following the Plaintiff, from
interfering with the personal property held by the Plaintiff; or from entering the Plaintiff’s
dwelling house.
_____________________________________
Presented by Plaintiff Pro Se [Sign Here]
___________________________________
Judge of Superior Court of ______________
County, Georgia
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
MOTION FOR SERVICE BY PUBLICATION
Comes Plaintiff, pursuant to O.C.G.A. §9-10-71, and moves the court for an order
directing that service on the Defendant be made by publication upon the grounds that he/she
cannot, after due diligence, be found within the state, as more fully appears from the affidavit
filed herewith ad attached hereto.
____________________________________________
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 #: ________________
*
*
*
*
AFFIDAVIT OF DUE DILIGENCE—SERVICE BY PUBLICATION O.C.G.A. §9-11-4(e)
Personally appeared __________________________________, who, after being duly
sworn, states:
That the Defendant resides outside the State of Georgia, and his/her last known address
is: ___________________________________________________________________________.
—OR—
That the Defendant has departed from the State of Georgia or cannot after due diligence
be found within the state. The Defendant’s last known address is:
_____________________________________________________________________________.
—OR—
The last known residence of the Defendant was outside the State of Georgia at
______________________________ on ________________________, 20_____. The Defendant
no longer resides at the foregoing address, or within the State of Georgia, to the best of Affiant’s
knowledge, and the present address or whereabouts of the Defendant is unknown to the Affiant.
—OR—
The Affiant has made a diligent effort to locate defendant by:
______________________________________________________________________________
______________________________________________________________________________
and cannot find Defendant within this state for the reason that Defendant has concealed himself
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by: __________________________________________________________________________
_____________________________________________________________________________.
Affiant has no knowledge as to the present residence or the whereabouts of the
Defendant, but the Affiant has made the following efforts to find the Defendant by (check all that
apply):
 Checking with the Defendant’s friends and relatives (put all names, addresses, and
telephone numbers of everyone Plaintiff contacted):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
 Contacting the Defendant’s former landlord (put all names, addresses, and telephone
numbers of everyone Plaintiff contacted):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
 Checking telephone information an directories (list directories that you checked and dates
that you checked the directories):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
 Attempting to have Defendant served at his/her last known address, which is listed above.
 Other: __________________________________________________________________
___________________________________________________________
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,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
ORDER FOR SERVICE BY PUBLICATION
Plaintiff having moved the Court for an order directing service to be made upon
Defendant ________________________ in the above-styled action by publication of summons,
and it appearing to the Court from the verified Complaint and Affidavit in support of such
motion that Defendant is a nonresident and that action is an action in which a defendant may be
served by publication pursuant to O.C.G.A. §9-19-71, it is:
ORDERED, that service upon ____________________ be made by publication as
provided by law.
This _______ day of _________________________, _____________ (year).
_____________________________________
Presented by Plaintiff Pro Se [Sign Here]
___________________________________
Judge of Superior Court of ______________
County, Georgia
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
NOTICE OF SUMMONS—SERVICE BY PUBLICATION
TO: _________________________________________, Defendant named above:
You are hereby notified that the above-styled action seeking _______________________
[state the relief sought] was filed against you in said court on ____________________________,
20_____, and that by reason of an order for service by summons by publication entered by the
court on ___________________________, 20______ you are hereby commanded and required
to file with the clerk of said court and serve upon __________________________, Plaintiff,
whose address is ________________________________________________________, an
answer to the complaint within sixty (60) days the date of the order for service by publication. If
you fail to do so, judgment by default will be taken against you for the relief demanded in the
complaint.
Witness the Honorable _______________________________, judge of said court.
This the _______ day of _______________________________, 20_____.
____________________________________________________
Clerk of Court
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
LIS PENDENS NOTICE
To Whom It May Concern:
The above-styled case has been filed demanding at the following described real property be
awarded to the Plaintiff as alimony or as equitable division of property:
This Lis Pendens notice has been filed and recorded as provided by law.
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: ______________________
Pataula Judicial Circuit 2011
38
IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
vs.
______________________________,
Defendant.
DOMESTIC RELATIONS FINANCIAL AFFIDAVIT OF HUSBAND
1. Husband’s Name: _____________________________________
Age: ___________
Spouse’s Name: _____________________________________
Age: ___________
Date of Marriage: _________________
Date of Separation: _________________
Names and birth dates of children for whom support is to be determined in this action:
Name:
Date of Birth:
Resides with:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Names and birth dates of affiant’s other children:
Name:
Date of Birth:
Resides with:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2. SUMMARY OF AFFIANT’S INCOME AND NEEDS (From Child Support Worksheet)
(a) Net monthly income (item 3A)
$_________________
(b) Gross monthly income (item 3B)
$_________________
(c) Total Assets (item 4)
$_________________
(d) Total Expenses (item 5C)
$_________________
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3. A. Affiant’s gross monthly income (complete this section or attach Child Support
Schedule A). All income must be entered based on monthly average regardless of date of
receipt. ATTACH COPIES OF THE TWO MOST RECENT WAGE STATEMENTS as
well as any itemized calculations.
Salary or Wages
$_________________
Commissions, fees, or tips
$_________________
Income from self employment
$_________________
Rental income
$_________________
Bonuses
$_________________
Overtime payments
$_________________
Severance pay
$_________________
Recurring income from pensions/retirement plans
$_________________
Interest and dividends
$_________________
Trust income
$_________________
Income from annuities
$_________________
Capital gains
$_________________
Social Security disability or retirement benefits
$_________________
Workers’ Compensation benefits
$_________________
Unemployment benefits
$_________________
Judgments from personal injury or other civil cases
$_________________
Gifts (cash or other gifts that can be converted to cash)
$_________________
Prizes/lottery winnings
$_________________
Alimony and maintenance from persons not in this case
$_________________
Assets which are used for support of family
$_________________
Fringe benefits
$_________________
Any other income (NOT TANF/WIC/food stamps)
$_________________
B. GROSS MONTHLY INCOME
$_________________
Affiant’s Net Monthly Income from employment
$_________________
Affiant’s pay period (i.e. weekly, monthly, etc.)
_________________
Number exemptions claimed ___________
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4. Assets (If you claim or agree that all or part of an asset is non-marital indicate the nonmarital portion under the appropriate spouse’s column and state the amount and the basis;
pre-marital, gift, inheritance, source of funds, etc.)
Description
Value
Cash
$
Stocks/Bonds
$
CDs/Money Markets
$
Bank Account
$
Bank Account
$
Bank Account
$
Retirement Pensions
$
Money owed you
$
Tax refund owed you
$
Home-
$
Debt Owed
$
Other Real Estate-
$
Debt Owed
$
Automobiles-
$
Debt Owed
$
Automobiles-
$
Debt Owed
$
Life Insurance
$
Furniture
$
Jewelry
$
Collectibles
$
Other Assets:
$
Other Assets:
$
Other Assets:
$
Total Assets
$
Husband’s Asset
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Wife’s Asset
Basis of Claim
5. (a) Average Monthly Expenses
HOUSEHOLD EXPENSES:
Mortgage/Rent
$
Water
$
Property Taxes
$
Garbage and Sewer
$
Homeowner/Renter Insurance
$
Home telephone
$
Electricity
$
Cellular Telephone
$
Cable TV
$
Gas
$
Household/Grocery Items
$
Repairs
$
Meals outside the home
$
Lawn Care
$
Pest Control
$
Other (please specify)
$
Total Household Expenses:
$
AUTOMOBILE:
OTHER VEHICLES:
Gasoline and oil
$
Gasoline and oil
$
Repairs
$
Repairs
$
Auto tags and license
$
Tags and license
$
Insurance
$
Insurance
$
Total automobile:
$
Total other vehicles:
$
CHILDREN’S EXPENSES:
Child Care (monthly)
$
Lunch Money
$
School Tuition
$
Allowance
$
Tutoring
$
Clothing
$
Private Lessons (music/dance)
$
Diapers
$
School Supplies
$
Other Educational Expenses
$
Medical/Dental (not covered by insurance)
$
Children’s Gifts
$
Grooming/Hygiene
$
Entertainment
$
Activities
$
Summer Camps
$
Total children’s expenses:
$
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AFFIANT’S OTHER EXPENSES:
Dry Cleaning/laundry
$
Publications
$
Clothing
$
Dues/Clubs
$
Medical/Dental (not covered by insurance)
$
Religious Charities
$
Affiant’s Gifts
$
Pet Expenses
$
Entertainment
$
Alimony paid to former spouse
$
Recreation Expenses
$
Child support for other children
$
Vacations
$
Other (attach sheet)
$
Travel Expenses for visitation
$
Total other expenses:
$
OTHER INSURANCE:
Health Insurance
-Children’s Portion
Dental Insurance
-Children’s Portion
Vision Insurance
-Children’s Portion
$
$
Life Insurance
$
-Children’s Portion
$
$
Disability
$
$
Other (specify)
$
$
Other (specify)
$
$
Total Insurance:
$
Total average monthly expenses from 5 (a) above: $___________________________
(b) Payments to creditors (Put an X under the J column if it is a joint debt, put an X under the W
column if it is the wife’s debt, put an X under the H column if it’s the husband’s debt)
Payment to
Balance due
Monthly payment J W H
Ex: Bank of America Home Mortgage
$ 56,000.00
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$1,300.00
X
Total monthly payments to creditors from 5 (b) above: $___________________________
(e) TOTAL MONTHLY EXPENSES 5(a) + 5 (b): $___________________________
This _____ day of ________________________, 20___.
_______________________________________________
Signature of Husband (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.
DOMESTIC RELATIONS FINANCIAL AFFIDAVIT OF WIFE
1. Wife’s Name: _____________________________________
Spouse’s Name: _____________________________________
Date of Marriage: _________________
Age: ___________
Age: ___________
Date of Separation: _________________
Names and birth dates of children for whom support is to be determined in this action:
Name:
Date of Birth:
Resides with:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Names and birth dates of affiant’s other children:
Name:
Date of Birth:
Resides with:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
2. SUMMARY OF AFFIANT’S INCOME AND NEEDS (From Child Support Worksheet)
(f) Net monthly income (item 3A)
$_________________
(g) Gross monthly income (item 3B)
$_________________
(h) Total Assets (item 4)
$_________________
(i) Total Expenses (item 5C)
$_________________
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3. A. Affiant’s gross monthly income (complete this section or attach Child Support
Schedule A). All income must be entered based on monthly average regardless of date of
receipt. ATTACH COPIES OF THE TWO MOST RECENT WAGE STATEMENTS as
well as any itemized calculations.
Salary or Wages
$_________________
Commissions, fees, or tips
$_________________
Income from self employment
$_________________
Rental income
$_________________
Bonuses
$_________________
Overtime payments
$_________________
Severance pay
$_________________
Recurring income from pensions/retirement plans
$_________________
Interest and dividends
$_________________
Trust income
$_________________
Income from annuities
$_________________
Capital gains
$_________________
Social Security disability or retirement benefits
$_________________
Workers’ Compensation benefits
$_________________
Unemployment benefits
$_________________
Judgments from personal injury or other civil cases
$_________________
Gifts (cash or other gifts that can be converted to cash)
$_________________
Prizes/lottery winnings
$_________________
Alimony and maintenance from persons not in this case
$_________________
Assets which are used for support of family
$_________________
Fringe benefits
$_________________
Any other income (NOT TANF/WIC/food stamps)
$_________________
B. GROSS MONTHLY INCOME
$_________________
Affiant’s Net Monthly Income from employment
$_________________
Affiant’s pay period (i.e. weekly, monthly, etc.)
_________________
Number exemptions claimed ___________
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4. Assets (If you claim or agree that all or part of an asset is non-marital indicate the nonmarital portion under the appropriate spouse’s column and state the amount and the basis;
pre-marital, gift, inheritance, source of funds, etc.)
Description
Value
Cash
$
Stocks/Bonds
$
CDs/Money Markets
$
Bank Account
$
Bank Account
$
Bank Account
$
Retirement Pensions
$
Money owed you
$
Tax refund owed you
$
Home-
$
Debt Owed
$
Other Real Estate-
$
Debt Owed
$
Automobiles-
$
Debt Owed
$
Automobiles-
$
Debt Owed
$
Life Insurance
$
Furniture
$
Jewelry
$
Collectibles
$
Other Assets:
$
Other Assets:
$
Other Assets:
$
Total Assets
$
Husband’s Asset
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Wife’s Asset
Basis of Claim
5. (a) Average Monthly Expenses
HOUSEHOLD EXPENSES:
Mortgage/Rent
$
Water
$
Property Taxes
$
Garbage and Sewer
$
Homeowner/Renter Insurance
$
Home telephone
$
Electricity
$
Cellular Telephone
$
Cable TV
$
Gas
$
Household/Grocery Items
$
Repairs
$
Meals outside the home
$
Lawn Care
$
Pest Control
$
Other (please specify)
$
Total Household Expenses:
$
AUTOMOBILE:
OTHER VEHICLES:
Gasoline and oil
$
Gasoline and oil
$
Repairs
$
Repairs
$
Auto tags and license
$
Tags and license
$
Insurance
$
Insurance
$
Total automobile:
$
Total other vehicles:
$
CHILDREN’S EXPENSES:
Child Care (monthly)
$
Lunch Money
$
School Tuition
$
Allowance
$
Tutoring
$
Clothing
$
Private Lessons (music/dance)
$
Diapers
$
School Supplies
$
Other Educational Expenses
$
Medical/Dental (not covered by insurance)
$
Children’s Gifts
$
Grooming/Hygiene
$
Entertainment
$
Activities
$
Summer Camps
$
Total children’s expenses:
$
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AFFIANT’S OTHER EXPENSES:
Dry Cleaning/laundry
$
Publications
$
Clothing
$
Dues/Clubs
$
Medical/Dental (not covered by insurance)
$
Religious Charities
$
Affiant’s Gifts
$
Pet Expenses
$
Entertainment
$
Alimony paid to former spouse
$
Recreation Expenses
$
Child support for other children
$
Vacations
$
Other (attach sheet)
$
Travel Expenses for visitation
$
Total other expenses:
$
OTHER INSURANCE:
Health Insurance
-Children’s Portion
Dental Insurance
-Children’s Portion
Vision Insurance
-Children’s Portion
$
$
Life Insurance
$
-Children’s Portion
$
$
Disability
$
$
Other (specify)
$
$
Other (specify)
$
$
Total Insurance:
$
Total average monthly expenses from 5 (a) above: $___________________________
(b) Payments to creditors (Put an X under the J column if it is a joint debt, put an X under the W
column if it is the wife’s debt, put an X under the H column if it’s the husband’s debt)
Payment to
Balance due
Monthly payment J W H
Ex: Bank of America Home Mortgage
$ 56,000.00
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$1,300.00
X
Total monthly payments to creditors from 5 (b) above: $___________________________
(c) TOTAL MONTHLY EXPENSES 5(a) + 5 (b): $___________________________
This _____ day of ________________________, 20___.
_______________________________________________
Signature of Wife (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: ___________________________________________________.
The Court fixes alimony as follows:__________________________________________.
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The Court grants to Plaintiff the following items property:
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.
The Court divides up the parties’ debts as follows:
Creditor
Amount
Responsible Party
Based on the evidence presented, including the Child Support Worksheet, Schedules A-E
incorporated by reference, and specifically the Child Support Worksheet and Schedule E
attached hereto, and where applicable, Special Interrogatories also attached hereto, the Court
finds as follows:
Children for whom support is being determined:
Child:
Date of Birth:
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For the purposes of calculating the final child support amount, the Court finds that the
non-custodial parent is ___________________________ and the custodial parent is
_________________________________.
The Court finds that on Schedule A of the “Child Support Worksheet” that the gross
income of the non-custodial parent is $__________________ per month.
The Court finds that on Schedule A of the “Child Support Worksheet” that the gross
income of the custodial parent is $_____________________per month.
The Court finds as set on the “Child Support Worksheet” (line 13 of Schedule A) that the
Final Child Support Obligation for the non-custodial parent is _______% and $__________ per
month.
The Court finds as set on the “Child Support Worksheet” (line 13 of Schedule A) that the
Final Child Support Obligation for the custodial parent is _______% and $__________ per
month.
The Court finds that the health insurance that provides for the needs of the child  is/  is
not available at a reasonable cost. If provided, it will be provided by ______________________.
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The Court has considered the existence of special circumstances as set forth on the “Child
Support Worksheet” on Schedule E and has found the following special circumstances present in
the above-styled case: (Mark each special occurrence with an X in the space provided)
High Income
Permanent Plan or Foster Care Plan
Low Income
Extraordinary Expenses
Other Health Related Insurance
Parenting Time
Life Insurance
Non-specific Deviations
Child and Dependent Care Tax Credit
Travel Expenses
Alimony
Mortgage
The non-custodial parent, ____________________________________, shall pay child
support for all of the ___ minor child(ren) a total of $________________ per  month/ biweekly/ weekly to the custodial parent starting ____________ (date), and continuing until each
minor child reaches the age of majority, dies, marries, becomes emancipated, whichever first
occurs, provided however that the Court, in the exercise of its sound discretion directs (or does
not direct) the noncustodial parent to continue to pay child support for a child who has not
previously married or become emancipated, who is enrolled in and attending a secondary school,
and who has attained the age of majority before completing his or her secondary school
education, until that child graduates from high school, or until the child attains _____ years of
age (not to exceed 20 years), whichever occurs first.
Each party is restrained and enjoined from molesting or harassing the other party.
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The Court, at its discretion, also implements the following additional provisions as a
result of this decree:
Other:
Decree and order entered this ____ day of _____________, 2011.
________________________________________
Judge, Superior Court of
_________________________ County, Georgia.
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IN THE SUPERIOR COURT OF ______________________________ COUNTY
STATE OF GEORGIA
______________________________,
Plaintiff,
vs.
______________________________,
Defendant.
*
*
*
* CIVIL ACTION #: ________________
*
*
*
*
INCOME DEDUCTION ORDER
The above-styled matter was heard by the court on ___________, 20__. The
___________ was properly served and present and represented by counsel. This court having
entered an order requiring the ____________ to pay child support to the ___________, this
Income Deduction Order is entered pursuant to O.C.G.A. § 19-6-32(a.1)(1).
 Defendant shall pay child support of $ ___________  weekly  bi-weekly  semi-monthly 
monthly with the next payment due on ____________, 20__.
 Defendant shall pay $ ____________  weekly  bi-weekly  semi-monthly  monthly with
the next payment due on ____________, 20__.
 The total amount to be withheld is $ ____________  weekly  bi-weekly  semi-monthly 
monthly. This amount shall be made payable to ____________ and forwarded within two (2)
business days of each payment date. Payments shall be made by cash, cashier's check, or
money order, personally or by mailing it to: ___________________.
The maximum amount to be deducted shall not exceed the amounts allowed under §
303(b) of the Consumer Credit Protection Act, 15 U. S. C. § 1673(b), as amended.
This order applies to current and subsequent employers and periods of employment,
and may only be contested on the grounds of mistake of fact regarding the amount of
support owed pursuant to a support order, the arrearage, or the identity of the obligor.
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The obligor shall notify the _____________ within seven (7) days of any change of
address, employer or employer's address. A copy of this order shall be served on the
obligor and the employer.
 Other: ____________
This order shall become effective immediately upon signing and shall remain in full force and
effect until modified, suspended, or terminated by order of this Court.
SO ORDERED this ____ day of _____________, 2011.
________________________________________
Judge, Superior Court of
_________________________ County, Georgia.
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Date:
Notice To: Employer or any other person, private entity, Federal or State Government, or any
unit of
local government providing or administering income due to Defendant
Re: Income Deduction Order
DATE: _________________
Attached you will find an Income Deduction Order. Please read this order carefully and
follow the instructions as written. If you have any questions you should contact your attorney.
Employers are required by law to deduct from income due and payable an employee the
amount designated by the court to meet support obligations. Income includes wages, salary,
bonuses, commissions, compensation as an independent contractor, workers' compensation,
disability benefits, annuities and retirement benefits, pensions, dividends, royalties, or any other
payment to an employee. FAILURE TO DEDUCT THE AMOUNT DESIGNATED BY THE
COURT MAKES THE EMPLOYER LIABLE FOR THE AMOUNT THAT SHOULD HAVE
BEEN DEDUCTED, PLUS COSTS, INTEREST AND REASONABLE ATTORNEYS' FEES.
Payments must begin no later than the first pay period after fourteen (14) days following
the postmark of the notice. You are required to forward to the person or entity specified in the
Income Deduction Order within two (2) days after each payment date the amount deducted from
the employee's income and a statement as to whether the amount forwarded totally or partially
satisfies the periodic amount specified in the Income Deduction Order.
This deduction has priority over all other legal processes under Georgia law pertaining to
the same income and the payment required by the Income Deduction Order. It is a complete
defense against any claims of the employee or the employee's creditors as to the sum paid.
Employers must continue to deduct the child support amount and send it to the person or
entity specified in the Income Deduction Order until further notice by the Court or until the
income is no longer provided to the employee. In the event the income is no longer provided, the
employer is required to notify the person or entity specified in the Income Deduction Order
immediately of such and to give the employee's last known address and to provide a name and
address of any new employer of this employee if known. FAILURE TO DO THIS WILL
RESULT IN A CIVIL PENALTY BEING IMPOSED, NOT TO EXCEED $250.00 FOR THE
FIRST VIOLATION OR $500.00 FOR A SUBSEQUENT VIOLATION.
Employers may not discharge an employee by reason of the entry of an Income
Deduction Order. If an employee is discharged because of this reason, A FINE OF NOT MORE
THAN $250.00 FOR THE FIRST VIOLATION AND $500.00 FOR A SUBSEQUENT
VIOLATION WILL BE IMPOSED AGAINST THE EMPLOYER.
Employers should contact their attorney if more than one Income Deduction Order is
received against the same employee.
Employers may send a single payment if multiple employees have Income Deduction
Orders to pay to the same depository provided the amount attributed to each employee is
identified.
An employer may collect up to $25.00 against the employee's income to reimburse for
the administrative costs of the first income deduction and up to $3.00 for each subsequent
income deduction.
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