Georgia Divorce Form – Fill Out and Use This PDF

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

FAMILY DIVISION

Respondent:

PETITION FOR DIVORCE

I, _______________________________________, representing myself, state that:

1.Subject Matter Jurisdiction: I am the Petitioner in this action, and (Check (a) or (b))

a) I have been a resident of the State of Georgia for more than six (6) months 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 and a resident of Fulton County for at least six (6) months prior to my filing of this action.

2.Venue: My spouse’s name is _____________________________. He/She is the Respondent in this action. (Check (a), (b), (c), (d) or (e))

a) The Respondent is a resident of Fulton County and is subject to the jurisdiction of this Court. (Check (1) (2), (3) or (4))

1) The Respondent has consented to the Jurisdiction of this Court and has acknowledged service of process and jurisdiction of this Court. (Check the box below if you and your spouse have a separation agreement that you want to have made a part of your divorce decree.)

Attached to this Petition for Divorce is a Separation Agreement which my spouse and I desire to be incorporated into our final judgment and decree for divorce.

2) The Respondent may be served at Respondent's residence address of______________________________________________________________.

3) The Respondent may be served at Respondent's work address of

________________________________________________________________.

The Respondent works in _____________County and shall be served by second original.

4) The Respondent’s whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit A The Respondent shall be served by publication as is provided by law in the case

3.Date of Marriage: (Check (a) or (b))

a) The Respondent and I were lawfully married on _________________________.

b) The Respondent and I are common law married having entered into a common law marriage before January 1, 1997 as of _________________________.

4.Date of Separation: Respondent and I separated on _________________________ and have remained in a bona fide state of separation since that date.

5.Children: (Check (a) or (b)

a) There are no minor children of this marriage.

b) Respondent and I are the parents of _____ minor children:

6.Custody/Visitation: (Check (a), (b), (c), or (d))

a) I am entitled to the temporary and permanent primary legal and physical custody of these children.

b) I am entitled to joint legal and primary physical custody of these children.

c) I am entitled to joint legal and joint physical custody of these children.

d) I am entitled to reasonable visitation with these children.

7.Children’s Place of Residence

The minor children of the parties currently reside at_________________________ with

_________________________. During the past five years, the minor children have lived at the addresses below with the following persons:

8.Other Custody Actions: (If there are minor children, check (a) or (b))

a) I have not participated as a party, or witness, or in any capacity in any other litigation concerning the custody of the minor children in this or any other state. I do not know of any custody proceeding concerning the minor children which may be pending in a Court in this or any other state.

b) The minor children have been involved in the following custody actions.

9.Other Persons with Claims to Children: (If there are minor children, check (a) or (b))

a) I know of no other person, not a party to this proceeding, who has physical custody of the children or claims to have custody or visitation rights with respect to the minor children.

b) The following persons who are not a party to this proceeding have custody or visitation

10.Child Support: (Complete if there are minor children. Check (a) or (b))

a) I am employed by _________________________ earning_________________________

per month. The Respondent is an able bodied person capable of earning sufficient money to support the minor children. Respondent is employed by __________________

_________________________ earning _________________________ per month and I am in need of financial assistance from the Respondent for the support of the minor children.

I have have not completed the Child Support Worksheet and Schedules pursuant to the Georgia Child Support Guidelines which became effective January 1, 2007.

b) The issue of child support cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse.

11.Health Insurance for Minor Children: (Complete if there are minor children. (Check (a), (b) or (c))

a) Respondent should be ordered to maintain a policy for dental, medical, and hospitalization insurance for the minor children. (Check (1), (2) or (3))

1) Respondent should be responsible for uncovered costs.

2) The Parties should share the uncovered costs.

3) Petitioner should be responsible for uncovered costs.

b) Respondent and I should share the costs of dental, medical, and hospitalization insurance for the minor children. (Check (1), (2) or (3))

1) Respondent should be responsible for uncovered costs.

2) The Parties should share the uncovered costs.

3) Petitioner should be responsible for uncovered costs.

c) The issue of insurance cannot be decided in this action because Georgia does not have personal jurisdiction over my spouse

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

c) Adultery. My spouse has had sexual intercourse outside of the marriage.

d) Desertion. On or about _________________________, my spouse, without just cause or reason, intentionally abandoned and deserted me for a period of at least one year as follows:

e) Intermarriage. My spouse and I are related as follows: _________________________

______________________________________________________________________

f) Mental incapacity. I did not have the mental capacity to enter into a marriage when we married because

g) Impotency. My spouse was impotent at the time of our marriage, and I was not aware of this.

h) Force, menace, duress, fraud in obtaining the marriage. I entered into this marriage against my will as a result of

i) 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

j) Conviction of party for an offense involving moral turpitude. On or about

_________________________ my spouse was sentenced to serve at least two years in the penitentiary for the following: ___________________________________________

k) Habitual intoxication. My spouse is repeatedly intoxicated.

l) Incurable mental illness. 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 a period of at least 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 mentally ill.

m) Habitual Drug Addiction: My spouse is addicted to drugs as follows:

FOR THESE REASONS, I request (check all that apply)

a) That a Rule Nisi be issued directing the Respondent to show cause why my prayers should not be granted;

b) Temporary and Permanent Custody of the minor children;

c) Joint custody of the minor children;

d) Visitation with the minor children;

e) Child Support;

f) Medical, Dental and Hospitalization insurance for the children;

g) Life Insurance for the benefit of the minor children;

h) Alimony;

i) An award of the marital property listed in paragraph (14c);

j) Respondent to pay the joint debts listed in paragraph (I5b);

k) That all issues of child support, health insurance for the minor children, life insurance for

the minor children, alimony, division of property and debts be held in abeyance until such time as this court has personal jurisdiction over my spouse.

l) A change back to my former name;

m) A restraining order to restrain and enjoin the Respondent from harassing, molesting or threatening me in any way whatsoever;

n) A total divorce, a vinculo matrimonii, from Respondent;

o) Respondent is served with a copy of my Complaint for Divorce;

p) That the Separation Agreement attached to this petition be made the Order of this Court; and

q) Any other appropriate relief.

This the ______________day of _______________________________, _____.