Uncontested Divorce With Minor Children - Georgia

1
UNCONTESTED DIVORCE WITH MINOR CHILDREN
This forms packet is designed to guide you in the preparation of your divorce papers. You must
fill in the required information as it applies to your situation. Your papers should remain in the same
order as they appear in this packet. If you do not have access to a typewriter, you may fill in the blanks
by hand, in neat print, using BLACK ink.
You should fill in every blank line EXCEPT for the civil action file number blanks and the lines
provided for signatures by the Notary Public and the Judge.
In the Complaint and the Settlement Agreement, there are some sections that have two possible
answers, separated by an [OR]. In these sections, you must choose which of the two choices fits best in
your situation, and then include only that choice in your documents. The other choice should be ignored,
and should not be included in your documents.
Make sure that everything is signed. All signatures that require notarization must be notarized
before your documents will be approved for filing.
Court Personnel are NOT allowed to answer any questions concerning the preparation
of these forms. State Law O.C.G.A. §15-19-51 forbids court personnel to give legal advice.
Different situations may require special procedures and courthouse personnel cannot advise you
on how to proceed or what forms may be necessary in specific situations. Divorce can be very
complicated. The only person allowed to help you in the preparation of these forms is a licensed attorney.
Please consult an attorney if you have questions about the procedure or what action is best for you to take.
YOU MAY NEED AN ATTORNEY IF:
The case is contested and your spouse has a lawyer.
You cannot locate your spouse to serve him or her with your papers.
You or your spouse has a house, pension, or large amount of property or income.
You might lose custody of your children.
You think you will have difficulty getting documents from your spouse about retirement funds,
income, etc.
Even if it is a friendly divorce, you should talk to a lawyer before you sign any settlement papers
or file anything in court.
In the packets for marriages with children, there is a form called the Domestic Relations Financial
Affidavit. Each party will have to have one of these forms filled out prior to the final hearing on the
divorce.
If the Defendant has filed an acknowledgment of service, then each party must submit their
Domestic Relations Financial Affidavit at the time the case is filed.
If the Defendant does not file an acknowledgement of service, and the Sheriff has to serve a copy
of the complaint and summons on the Defendant, the Plaintiff must still file a copy of the Domestic
Relations Financial Affidavit with his or her complaint. The Defendant should be served with a copy
of the Domestic Relations Financial Affidavit along with the complaint and summons.
Remember, you must fully complete the forms before the Judge will be able to grant you a decree
of divorce. Incomplete forms, as well as forms that are improperly filled out, may delay the grant of your
divorce. Make sure that you take time to read over all the forms, and understand what is being asked of
you in each situation.
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