Navigating the landscape of divorce in Georgia can often feel both complex and emotionally taxing, particularly when minor children are involved. At the heart of the process is a document – the Divorce Papers in Georgia, specifically designed to outline the legal framework for ending a marriage within the state. This form encapsulates a range of critical elements that are required for the proceeding, detailing everything from jurisdiction and venue to the particulars of service of process. It requires the plaintiff, who initiates the divorce, to affirm their residency status, ensuring the court’s authority to preside over the case. Furthermore, the document dives into the intricacies of the couple’s relationship, including the date of marriage and separation, as well as the presence and details of any mutual minor children. A notable feature of this form is its provision for detailing the children's current living situation, past residences, and any other legal proceedings that might impact custody or visitation rights. This comprehensive approach is designed to provide the court with a full spectrum of information, enabling a thorough and considerate handling of the divorce, particularly with the welfare of involved minor children in mind.
| Question | Answer |
|---|---|
| Form Name | Divorce Papers In Ga Form |
| Form Length | 10 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 2 min 30 sec |
| Other names | divorce forms papers, print divorce papers, divorce papers ga pdf, printable divorce papers for georgia |
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
Plaintiff: ____________________________________
and
Defendant: ___________________________________
Civil Action File No.: __________________________
COMPLAINT FOR DIVORCE WITH MINOR CHILDREN
My name is _____________________________________, and 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 (1) box.]
(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 s/he is the Defendant in this
action.
[Check only one (1) box.]
(a)The Defendant is a resident of Cobb 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 Cobb County, and the Defendant has only moved away from Cobb 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 Cobb County. The Defendant has acknowledged service of 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 Cobb County, Georgia, and:
[Check only one (1) box.]
(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, O.C.G.A. §
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 1 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
(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 Cobb County and the Defendant’s whereabouts are unknown to me. I am filing my Affidavit of Due Diligence with this Complaint, and incorporate it herein by reference.
3.Service of Process: The Defendant shall be sued as provided under O.C.G.A. §
[Check only one (1) box.]
(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 as follows:
_______________________________________________
_______________________________________________
_______________________________________________
(c)The Defendant resides outside of Cobb County, and shall therefore be served by second original, as provided under O.C.G.A. §
(d)The Defendant’s whereabouts are unknown to me. I am filing my Affidavit of Due Diligence with this
Complaint. The Defendant shall be served by publication as provided under O.C.G.A. §
_______________________________________________
_______________________________________________
_______________________________________________
4.Date of Marriage:
[Check and complete only on (1) box.]
(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 was a date 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.
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 2 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
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 incorporate into the Final Judgment and Decree of 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 (1) box. If there are no minor children, you may use a different
form, which is much shorter. See instructions.]
(a)The Defendant and I do not have any minor children together.
(b)The Defendant and I are the parents of _____ minor children, listed below:
Name of Child
Sex |
Date of Birth |
Lives with (mother, father, other) |
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8.Children’s Current Residence: The minor children currently live at ____________________________________
____________________________________________________ in _______________________________ County, with the following people: _______________________________________________________________________
_____________________________________________________________________________________________. The children have lived at this address since approximately _____________________________________________.
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 3 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
9.Children’s Past Residences: During the past five years, the children have lived at the following addresses:
Name of Person
Person’s Current 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 |
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11.Other Court Cases About Children:
[Check only one (1) box.]
(a)I have never participated as a party or a witness or in any other capacity in any other litigation concerning the custody 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 any order concerning custody or visitation under the other litigation are as follows:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 4 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
12.Other Proceedings That Could Affect Custody or Visitation in This Case: [Check only one (1) box.]
(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 case 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 (1) box.]
(a)I do not know of any other 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:
Name of Person
Person’s Current Address
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 5 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
14.Child Custody: I believe that the following custody arrangement is in the best interests of the children: [Check and complete only one (1) box.]
(a)They should be in the full custody of the _________________________________________________.
(b)The Plaintiff and Defendant should share joint legal custody, with primary physical custody to the
_________________________________________________.
(c)_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
15.Child Visitation: I believe that the following visitation arrangement is in the best interests of the children:
[Check and complete only one (1) box.]
(a)The _____________________________________________ should have reasonable visitation.
(b)Visitation for the Defendant should be limited in the following way, for the following reasons:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
16.Child Support:
[Check and complete only one (1) box.]
(a)The Defendant has income or is capable of earning sufficient money to support the minor children. Based on the Defendant’s gross income of $__________________ per month, and the Georgia Child Support Guidelines (O.C.G.A. §
(b)Based on my gross income of $__________________ per month, and the Georgia Child Support Guidelines (O.C.G.A. §
(c)The issue of child support cannot be decided in this action because the Court does not have personal jurisdiction over the Defendant.
17. Health Insurance for Children:
[Check only one (1) box.]
(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.
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 6 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
18.Other Medical Expenses for Children:
[Check only one (1) box.]
(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.
19.Life Insurance Support to Children:
[Check only one (1) box.]
(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 a 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.
20.Alimony:
[Check only one (1) box.]
(a)I am financially dependant 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.
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 7 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
21.Marital Property:
[Check only one (1) box.]
(a)The Defendant and I have already divided our marital property, and we are both satisfied with the division.
(b)The Defendant and I do not have any property acquired during our marriage.
(c)The Defendant and I have acquired the following property during our marriage, and I am asking for a
fair division of this property:
[Check and complete all that apply.]
House located at ______________________________________________________________.
Other real estate, located at _____________________________________________________.
Mobile home (model: __________________________________________, year: __________).
Pension (mine, worth $___________________; Defendant’s, worth $___________________).
Motor vehicles listed here:
OModel/year: _____________________________________________________
OModel/year: ______________________________________________________
OModel/year: ______________________________________________________
Furniture:
OListed here: ______________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
OListed on a separate paper attached to this Complaint.
Bank account and/or other investments:
OListed here: ______________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
OListed on a separate paper attached to this Complaint.
Other property:
OListed here: ______________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
OListed on a 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 |
Page 8 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
22.Joint or Martial Debts:
[Check and complete only one (1) box.]
(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 debt, and responsibility for paying them should be as listed below:
Creditor
Balance
Who Should Pay
OListed on a separate paper attached to this Complaint.
(c)The issue of dividing joint or martial debts cannot be decided in this case because the Court does not have personal jurisdiction over the Defendant.
23.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.
24.Restore Former Name:
[Check only if applicable.]
My former name is ________________________________________________________, and I am asking
the Court to restore that name to me.
25.Grounds for Divorce: My grounds for divorce from the Defendant are: [Check the ones that you can prove at trial.]
(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 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.
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 9 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |
(3)Other grounds from the list in O.C.G.A. §
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________.
FOR THESE REAONS, I REQUEST THE FOLLOWING RELIEF: [Check all that apply.]
(a)That I be granted a total divorce from the Defendant;
(b)That the Settlement Agreement signed by the parties be incorporated into the Final Judgment and Decree of Divorce;
(c)That the custody and visitation for the children be ordered according to Paragraphs 14 and 15;
(d)That child support, health insurance, medical expenses, and life insurance for the support of the children be ordered according to Paragraph 16, 17, 18, and 19;
(e)That the Defendant be ordered to pay me alimony for my support;
(f)That our marital property be divided according to Paragraph 21;
(g)That our joint and marital debts be divided according to Paragraph 22;
(h)That the Defendant be temporarily and permanently restrained from harassing me or committing any acts of violence toward me;
(i)That my former name be restored according to Paragraph 24;
(j)That a Rule Nisi be scheduled by the Court to decide on the relief I have requested;
(k)That the Court issue its Standing Order;
(l)That the Court order any and all other relief that the Court finds appropriate.
Signed this _________________ day of ________________________________________.
[day] |
[month] |
[year] |
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_________________________________________________________ |
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(Sign your name here before Notary) |
Plaintiff, Pro se |
|
Plaintiff’s Name (print or type): _______________________________
Plaintiff’s Address: _________________________________________
_________________________________________
Plaintiff’s Telephone Number: ________________________________
Sworn to and affirmed before me, this
_______ day of _________________.
______________________________
NOTARY PUBLIC
My commission expires: __________
(Notary Seal)
____________________________________________________________________________________________________
“Complaint for Divorce with Minor Children |
Page 10 of 10 |
Provide by the Superior Court of Cobb County. |
rev 1. 05/2008 |