Divorce Papers Ga Form PDF Details

When navigating the complexities of divorce in the State of Georgia, one critical document that comes into play, especially for those with children, is the "Complaint for Divorce with Minor Children." This document, provided by the Gwinnett Family Law Clinic, serves as a comprehensive application to the Superior Court of Gwinnett County, initiating the divorce process. It requires the plaintiff, who is the individual filing for divorce, to detail several key components of their case. This includes establishing the legal right to divorce by proving residency within the state or the county for a specified period. The form guides the applicant through various essential steps, such as determining the appropriate venue for filing, outlining how the defendant (the other spouse) should be served with the divorce papers, and providing detailed information regarding the children involved. It delves into specifics like the children's current living arrangements, their past residences, and any other legal cases that might affect their custody or visitation rights. Furthermore, the document prompts the filer to declare any existing settlements between the parties and proposes a custody and visitation plan that reflects the children's best interests. This detailed paper aims to ensure that all critical aspects of a divorce involving minor children are considered and addressed from the outset, facilitating a smoother transition through what can be an emotionally challenging process.

QuestionAnswer
Form NameDivorce Papers Ga Form
Form Length11 pages
Fillable?No
Fillable fields0
Avg. time to fill out2 min 45 sec
Other namesgeorgia abandonment divorce, gwinnett county complain for, georgia complaint for divorce, file a complaint in georgia court

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SUPERIOR COURT OF GWINNETT COUNTY

 

 

STATE OF GEORGIA

 

 

,

 

 

 

 

Civil Action

 

 

Plaintiff,

vs.

 

 

Case Number

 

 

 

,

 

 

Defendant.

 

 

COMPLAINT FOR DIVORCE WITH MINOR CHILDREN

My name isand I am representing

myself in this divorce action. In support of my case, I state as follows:

1.Subject Matter Jurisdiction: I am the Plaintiff in this action and:

[Check only one of the following, either (a) or (b).]

(a) I have been a resident of the State of Georgia for more than six (6) months immediately prior to filing this action.

(b) I am not a resident of the State of Georgia, but my spouse has been a resident of the State of Georgia for at least six (6) months immediately prior to my filing of this action.

2. Venue: My spouse’s name is, and he/she

is the Defendant in this action.

[Check only one of the following, either (a), (b), (c), (d) or (e).]

(a) The Defendant is a resident of Gwinnett County and is subject to the jurisdiction of this Court.

(b)

The Defendant is a resident of Georgia in

 

 

County,

 

but the Defendant and I lived together in Gwinnett County at the time we

 

separated, I still reside in Gwinnett County, and the Defendant has only

 

moved away from Gwinnett County within the past six months before the

 

date of my filing this action.

 

 

 

(c)

The Defendant is a resident of Georgia in

 

County, and

 

I live in Gwinnett County. The Defendant has acknowledged service of

_____________________________________________________________________________________

Complaint for Divorce with Minor Children - Rev. March 2012 Provided by the Gwinnett Family Law Clinic

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process and consented to the jurisdiction and venue of this Court.

(d) The Defendant is not a resident of the State of Georgia, but I am a resident

of Gwinnett County, Georgia, and:

[Check only one of the following, either (1), (2), or (3).]

(1) The Defendant was formerly a resident of the State of Georgia and

currently resides in the State of. The Defendant

is subject to the personal jurisdiction of the Court under Georgia’s Long Arm Statute, OCGA § 9-10-91(5).

(2) The Defendant has never resided in the State of Georgia and

currently resides in the State of

 

.

(3) The Defendant has acknowledged service of process and consented to the jurisdiction and venue of this Court.

(e) I am a resident of Gwinnett County and the Defendant’s whereabouts are

unknown to me. I am filing my Affidavit of Due Diligence with this Complaint, and incorporate it here by reference.

3.Service of Process: The Defendant shall be served as provided under OCGA § 9-

11-4, in the following manner:

[Check only one of the following, either (a), (b), or (c).]

(a) The Defendant has acknowledged service of process. I am filing the Acknowledgment of Service (which has been signed by the Defendant) with this Complaint.

(b) The Defendant may be served by the Sheriff’s Department at the Defendant’s residence/work address, which is:

______________________________

______________________________

______________________________

(b-1) [Check only if the Defendant lives outside Gwinnett County.] The Defendant

resides outside of Gwinnett County, and shall therefore be served by second original, as provided under OCGA § 9-10-72. Service shall be made by the sheriff’s department of the county where the Defendant resides.

(c) The Defendant’s whereabouts are unknown to me. I am filing my Affidavit

_____________________________________________________________________________________

Complaint for Divorce with Minor Children - Rev. March 2012 Provided by the Gwinnett Family Law Clinic

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of Due Diligence with this Complaint. The Defendant shall be served by publication as provided under OCGA § 9-11-4(e)(1) for those who cannot be found within the State of Georgia. To the best of my knowledge, the Defendant’s last known address is:

______________________________

______________________________

______________________________

4.Date of Marriage:

[Check and complete only one of the following, either (a) or (b).]

 

(a) The Defendant and I were lawfully married on

 

 

 

(b) The Defendant and I are married by common law because we lived together and

 

held ourselves out as husband and wife as of

 

,

 

 

which date was prior to January 1, 1997.

 

 

5.

Date of Separation: The Defendant and I last separated on

 

 

,

 

and we have remained in a true state of separation since that date.

 

 

6.

Settlement Agreement:

 

 

 

[Check only if there is a signed agreement.]

 

 

The Defendant and I have entered into a Settlement Agreement, which we both want to be incorporated into the Final Judgment and Decree for Divorce. The Settlement Agreement has been signed by each of us in front of a notary public, and I am filing the Settlement Agreement with the Court, together with this Complaint.

7.Minor Children: [Check only one of the following, either (a) or (b). If there are no minor children, you may use a different form, which is much shorter.]

The Defendant and I are the parents of

 

minor children, listed below:

Name of Child

Male / Female

Date of Birth

_____________________________________________________________________________________

Complaint for Divorce with Minor Children - Rev. March 2012 Provided by the Gwinnett Family Law Clinic

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Name of Child

Male / Female

Date of Birth

8.Children’s Current Residence:

The minor children currently live at _____________________________________

in ____________________ County, ____________________ with the

Petitioner Respondent ______________________________ . The children have lived at this addresss since approximately ____________________.

9.Children’s Past Residences:

During the past five years, the children have lived at the following addresses:

Dates at Address

Address

____________________

________________________________________

____________________

________________________________________

____________________

________________________________________

____________________

________________________________________

10.People With Whom Children Have Lived:

During the past five years, the children have lived with the following people:

Name of Person

Person’s Current Address

____________________

________________________________________

____________________

________________________________________

____________________

________________________________________

____________________

________________________________________

____________________

________________________________________

11.Other Court Cases About Children:

[Check only one of the following, either (a) or (b).]

(a) I have never participated as a party or a witness or in any other capacity in any other litigation concerning the custody of or visitation with the minor children in this or any other state.

(b) I have participated in other litigation concerning the custody of the minor children in Georgia or another state. The court, case number and date of

_____________________________________________________________________________________

Complaint for Divorce with Minor Children - Rev. March 2012 Provided by the Gwinnett Family Law Clinic

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any order concerning custody or visitation under the other litigation are as follows: _____________________________________________________

____________________________________________________________

____________________________________________________________

12.Other Proceedings That Could Affect Custody or Visitation in This Case:

[Check only one of the following, either (a) or (b).]

(a) I do not have any information of any proceeding that could affect this case, including proceedings for enforcement and proceedings relating to family violence, protective orders, termination of parental rights, and adoptions in this or any other state.

(b) I have information about a proceeding that could affect this case, including proceedings for enforcement and proceedings relating to family violence, protective orders, termination of parental rights, or adoptions in this or another state. The court, the case number and the nature of the proceeding are as follows:

____________________________________________________________

____________________________________________________________

____________________________________________________________

13.Others Claiming Custody or Visitation: [Check only one of these, either (a) or (b).]

(a) I do not know of any person who is not a party to this case, who has physical custody of the children or who claims to have custody or visitation rights with respect to the children.

(b) I know of someone who is not a party to this case, who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. The names and present addresses of the person(s) are:

____________________________________________________________

____________________________________________________________

______________________________________________________

14.Child Custody and Visitation: I believe that the custody and visitation arrangement set forth in the attached Permanent Parenting Plan is in the best interests of the child(ren). Custody and visitation should be ordered as set forth in the attached Parenting Plan.

_____________________________________________________________________________________

Complaint for Divorce with Minor Children - Rev. March 2012 Provided by the Gwinnett Family Law Clinic

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15.Child Support: [Check only one of these, either (a), (b) or (c).]

(a) The Defendant has income or is capable of earning sufficient money to support the minor children.

(b) I have income or am capable of earning sufficient money to support the minor children.

(c) The issue of child support cannot be decided in this action because the Court does not have personal jurisdiction over the Defendant.

16.Health Insurance for Children: [Check only one of these, either (a), (b), (c) or (d).]

(a) The Defendant should be ordered to maintain a policy for medical, dental and hospitalization insurance for the minor children.

(b) I already provide health insurance for the children, and the Defendant should be required to reimburse me for a fair share of the cost each month.

(c) I am not asking the Court to address this issue in this case.

(d) The issue of health insurance cannot be decided in this action because the Court does not have personal jurisdiction over the Defendant.

17.Other Medical Expenses for Children: [Check only one of these: (a), (b), (c) or (d).]

(a) The Defendant should be responsible for all expenses incurred for the children’s medical, dental and hospital care, that are not covered by insurance.

(b) The Defendant and I should share the cost of expenses incurred for the children’s medical, dental and hospital care, that are not covered by insurance.

(c) I am not asking the Court to address this issue in this case.

(d) The issue of health care expenses for the children cannot be decided in this action because the Court does not have personal jurisdiction over the Defendant.

_____________________________________________________________________________________

Complaint for Divorce with Minor Children - Rev. March 2012 Provided by the Gwinnett Family Law Clinic

18.Life Insurance to Support Children: [Check only one of these, either (a), (b) or (c).]

(a) The children depend on the Defendant for support, and therefore the Defendant should maintain a policy of insurance on the Defendant’s life,

with a face amount of $ , for the benefit of the minor

children. The Defendant should maintain the policy for so long as at least one of the children is a minor or is otherwise entitled to child support.

(b) I am not asking the Court to address this issue in this case.

(c) The issue of life insurance for the children cannot be decided in this action because the Court does not have personal jurisdiction over the Defendant.

19.Alimony: [Check only one of the following, either (a), (b), or (c).]

(a) I am financially dependent on the Defendant and need the Court to order the Defendant to pay alimony for my support.

(b) I am not asking for alimony.

(c) The issue of alimony cannot be decided in this action because the Court does not have personal jurisdiction over the Defendant.

20.Marital Property: [Check only one of the following, either (a), (b), (c) or (d). Do not include complete account numbers.]

(a) The Defendant and I have already divided our marital property, and we are both satisfied with the division.

(b) The Defendant and I have not obtained any property during our marriage.

(c) The Defendant and I have obtained the following property during our marriage, and I am asking for a fair division of this property:

House located at

Other real estate, located at

__________________________________________________________________________________________

Complaint for Divorce With Minor Children - Rev. March 2012

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Provided by the Gwinnett Family Law Clinic

 

Mobile home (model:

 

 

, year:

 

)

Pension (mine, worth $

; Defendant’s, worth $

)

 

 

 

 

 

 

 

 

 

 

Motor vehicles listed here:

Model/year:

Model/year:

Model/year:

Furniture:

Listed here:

Listed on separate paper attached to this Complaint

Bank accounts and/or other investments:

Listed here:

Listed on separate paper attached to this Complaint

Other property:

Listed here:

Listed on separate paper attached to this Complaint

(d) The issue of the division of marital property cannot be decided in this case because none of the property is in Georgia and the Court does not have personal jurisdiction over the Defendant.

__________________________________________________________________________________________

Complaint for Divorce With Minor Children - Rev. March 2012

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Provided by the Gwinnett Family Law Clinic

 

21.Joint or Marital Debts: [Check only one of the following, either (a), (b), or (c). Do not include complete account numbers.]

(a) The Defendant and I do not have any outstanding joint or marital debts.

(b) The Defendant and I have the following outstanding joint or marital debts, and responsibility for paying them should be as listed below:

Creditor

 

Balance

 

Who Should Pay

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Listed on separate paper attached to this Complaint

(c) The issue of dividing joint and marital debts cannot be decided in this case, because the Court does not have personal jurisdiction over the Defendant.

22. Restraining Order Where Violence Has Occurred:

[Read instructions carefully and check only if applicable.]

There is a history of physical violence by the Defendant toward me, and I am afraid that the Defendant will engage in further acts of violence or harassment toward me unless the Court enters a temporary and permanent restraining order.

23. Restore Former or Maiden Name: [Check only if applicable.]

My former or maiden name is

 

,

and I am asking the Court to restore that name to me.

 

24. Grounds for Divorce:

 

[Check the ones that you can prove at trial.]

 

My grounds for divorce from the Defendant are:

 

(a) Our marriage is irretrievably broken. The Defendant and I can no longer live together and there is no hope that we will get back together.

(b) Cruel treatment - The Defendant committed the following acts of cruel

__________________________________________________________________________________________

Complaint for Divorce With Minor Children - Rev. March 2012

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Provided by the Gwinnett Family Law Clinic

 

treatment toward me:

(c) Adultery - The Defendant has had sexual intercourse with someone else during our marriage.

(d) Desertion - The Defendant has intentionally and continually deserted me for at least a year.

(e) Other grounds from list in OCGA § 19-5-3, as explained here:

FOR THESE REASONS, I REQUEST THE FOLLOWING RELIEF:

[Check all that apply.]

(a)That process and summons issue as provided by law;

(b)That Defendant be served with a copy of this Complaint;

(c) That I be granted a total divorce from the Defendant;

(d) That the Settlement Agreement signed by the parties be incorporated into the Final Judgment and Decree of Divorce.

(e) That the custody and visitation for the children be ordered according to Paragraph 14;

(f) That child support, health insurance, medical expenses and life insurance for the support of the children be ordered according to Paragraphs 15, 16 and 17;

(g) That the Defendant be ordered to pay me alimony for my support;

(h) That our marital property be divided according to Paragraph 20;

(i) That our joint or marital debts be divided according to Paragraph 21;

(j) That the Defendant be temporarily and permanently restrained from harassing me or committing any acts of violence toward me;

(k) That my former or maiden name be restored according to Paragraph 23;

Complaint for Divorce With Minor Children - Rev. March 2012

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Provided by the Gwinnett Family Law Clinic

 

(l) That a Rule Nisi be scheduled by the Court, to decide on the relief I have requested;

(k) That the Court order the parties to participate in mediation, to try to resolve this matter; and

(l) That the Court order any and all other relief that the Court finds appropriate.

Dated: ____________________

______________________________________

 

Plaintiff, Pro se (Signature)

 

Name:

 

________________________________

 

Address:

 

______________________________

 

______________________________

 

Phone:

_________________________________

 

Complaint for Divorce With Minor Children - Rev. March 2012

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Provided by the Gwinnett Family Law Clinic