Divorce Papers Ga Form – Fill Out and Use This PDF

		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

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

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:

_____________________________________________________________________________________

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

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

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

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