Georgia Uncontested Divorce Petition + Final Judgment Filing Packet

GEORGIA UNCONTESTED DIVORCE — FILING PACKET

PACKET CONTENTS

TAB 1 — RESIDENCY, GROUNDS, AND WAITING PERIOD CHECKLIST

Plaintiff: [____________________________________________]
Defendant: [____________________________________________]
Superior Court of [_______________________] County, Georgia
Civil Action File No.: [__________________________]

Residency (O.C.G.A. § 19-5-2)

☐ Plaintiff OR Defendant has been a bona fide resident of Georgia for six (6) months immediately preceding the filing of this Petition.
☐ Date Georgia residency commenced: [__/__/____]
☐ Venue is proper in [_______________________] County because:
☐ Defendant resides in this county (default rule)
☐ Defendant is a nonresident; Plaintiff resides in this county
☐ Defendant has consented in writing to venue in Plaintiff's county
☐ Military: Plaintiff stationed on Georgia base; venue in adjacent county

Grounds (O.C.G.A. § 19-5-3)

☐ No-Fault (preferred for uncontested): § 19-5-3(13) — the marriage is irretrievably broken.
☐ Fault Grounds (rare in uncontested cases): ☐ adultery ☐ desertion (1 yr) ☐ cruel treatment ☐ habitual intoxication ☐ habitual drug use ☐ other [____________]

Service and 30-Day Mandatory Waiting Period (O.C.G.A. § 19-5-8)

☐ Defendant will be served by: ☐ Sheriff ☐ Private Process Server ☐ Acknowledgment of Service ☐ Publication (court order required)
☐ The 30-day clock runs from date of service or filing of the Acknowledgment of Service.
☐ Final hearing or submission of judgment by consent may occur on or after day 31 following service.

Parenting Seminar (if minor children)

☐ Each parent will complete the county-approved parenting seminar before final judgment. Certificate(s) of completion will be filed.

TAB 2 — PETITION FOR DIVORCE

IN THE SUPERIOR COURT OF [_______________________] COUNTY
STATE OF GEORGIA

Civil Action File No.: [__________________________]

PETITION FOR DIVORCE

COMES NOW Plaintiff, [_______________________________________], and shows the Court:

1. Residency and Venue. Plaintiff [☐ or Defendant] is and has been a bona fide resident of the State of Georgia for more than six (6) months immediately preceding the filing of this Petition. [Defendant resides in / Plaintiff resides in] [_______________________] County, and venue is proper in this Court.

2. Jurisdiction over Defendant. Defendant resides at [____________________________________________] and is subject to the jurisdiction of this Court.

3. Marriage. The parties were lawfully married on [__/__/____], in [_______________________] (city, state/country).

4. Separation. The parties are currently separated and last lived together as husband and wife on [__/__/____].

5. Grounds. The marriage between the parties is irretrievably broken with no hope of reconciliation. O.C.G.A. § 19-5-3(13).

6. Children. ☐ There are no minor children born of or adopted during the marriage and Defendant is not now pregnant. ☐ The following minor child(ren) were born of or adopted during the marriage:

7. UCCJEA. Georgia is the home state of the minor child(ren). An Affidavit Regarding Custody is filed contemporaneously.

8. Property and Debts. The parties have acquired marital property and incurred marital debts more fully described in the attached Settlement Agreement and Domestic Relations Financial Affidavits.

9. Alimony. ☐ Plaintiff waives alimony. ☐ Alimony is addressed by the attached Settlement Agreement.

10. Name Restoration. Plaintiff requests restoration of the maiden/former name of [_____________________________].

WHEREFORE, Plaintiff prays:

A. That process issue and Defendant be served according to law;
B. That after the statutory 30-day waiting period, the Court grant a total divorce, dissolving the bonds of matrimony between the parties on the ground that the marriage is irretrievably broken;
C. That the Settlement Agreement (and Parenting Plan, if any) be incorporated into the Final Judgment and Decree;
D. That Plaintiff's former name be restored;
E. That the Court grant such other and further relief as is just and proper.

This [__] day of [_____________], 20[__].

___________________________________
[PLAINTIFF SIGNATURE / ATTORNEY]
Georgia Bar No.: [__________] (if attorney)
[Address / Phone / Email]

TAB 3 — VERIFICATION

Personally appeared before the undersigned officer duly authorized to administer oaths [PLAINTIFF NAME], who, after being duly sworn, deposes and says that the facts stated in the foregoing Petition for Divorce are true and correct to the best of his/her knowledge and belief.

___________________________________
[PLAINTIFF SIGNATURE]

Sworn to and subscribed before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public — State of Georgia
My commission expires: [__/__/____]

TAB 4 — SUMMONS

TO: [DEFENDANT NAME AND ADDRESS]

You are hereby summoned and required to file with the Clerk of said Court and serve upon Plaintiff's attorney (or Plaintiff, if pro se), within thirty (30) days after service of this Summons, an Answer to the Petition. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Petition.

This [__] day of [_____________], 20[__].

___________________________________
CLERK OF SUPERIOR COURT
[_______________________] County, Georgia

TAB 5 — ACKNOWLEDGMENT OF SERVICE AND CONSENT TO JURISDICTION

I, [DEFENDANT NAME], hereby:

☐ Acknowledge that I have received a copy of the Petition for Divorce, Summons, and all attachments.
☐ Waive further service of process under O.C.G.A. § 9-11-4.
☐ Submit to the jurisdiction of this Court.
☐ Waive my right to file an Answer and any further pleadings.
☐ Consent to entry of a Final Judgment and Decree of Divorce after the statutory 30-day waiting period.
☐ Acknowledge that the attached Settlement Agreement was entered freely, voluntarily, and after full financial disclosure.

This [__] day of [_____________], 20[__].

___________________________________
[DEFENDANT SIGNATURE]

Sworn to and subscribed before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public — State of Georgia

TAB 6 — SETTLEMENT AGREEMENT

This SETTLEMENT AGREEMENT ("Agreement") is entered into on [__/__/____], between [PLAINTIFF] ("Wife/Husband") and [DEFENDANT] ("Husband/Wife").

1. Recitals

The parties were married on [__/__/____], separated on [__/__/____], and have agreed to settle all matters relating to their divorce. Each acknowledges full financial disclosure via DRFA (USCR 24.2).

2. Real Property

3. Personal Property and Vehicles

4. Bank Accounts and Retirement

5. Marital Debts

6. Alimony (O.C.G.A. §§ 19-6-1, 19-6-5)

☐ Both parties waive past, present, and future alimony.
☐ [______________] shall pay $[________] per month as periodic alimony for [____] months, beginning [__/__/____]. (Note: § 19-6-1(b) bars alimony to a spouse whose adultery or desertion caused the separation; the parties stipulate no such bar applies.)

7. Child Custody and Parenting Plan

Legal custody: ☐ Joint ☐ Sole to [____________]. Primary physical custody: [____________]. Detailed parenting time schedule is set forth in the Parenting Plan (Tab 7).

8. Child Support

Calculated pursuant to O.C.G.A. § 19-6-15 using the Georgia Child Support Calculator. Obligor: [______________]. Monthly amount: $[__________]. Income-deduction order will issue.

9. Health Insurance and Uninsured Medical

Provided by: [______________]. Uninsured medical/dental/vision allocated: [____]% to Plaintiff / [____]% to Defendant.

10. Tax Filing / Dependency / Child Tax Credit

Filing status for year of divorce: [_______________]. Dependency exemption(s): [____________].

11. Name Restoration

Plaintiff's former name of [_____________________________] is restored.

12. General Release; Execution of Documents

Each party releases all claims against the other except those created by this Agreement and shall execute deeds, titles, QDROs, and transfer documents within 30 days of the Final Judgment.

___________________________________ ___________________________________
[PLAINTIFF] [DEFENDANT]
Date: [__/__/____] Date: [__/__/____]

State of Georgia, County of [______________] — Sworn to before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 7 — PARENTING PLAN (O.C.G.A. § 19-9-1)

Required for all divorces involving minor children. Must include:

Each parent's signature acknowledges the Plan is in the best interest of the child(ren).

___________________________________ ___________________________________
[PLAINTIFF] [DEFENDANT]

TAB 8 — CHILD SUPPORT ADDENDUM + WORKSHEET (O.C.G.A. § 19-6-15)

Use the Georgia Child Support Calculator (online portal) to generate:
☐ Schedule A — Gross Income
☐ Schedule B — Adjusted Income
☐ Schedule D — Additional Expenses (health insurance, child care, extraordinary)
☐ Schedule E — Deviations (if any)
☐ Child Support Worksheet (final BCSO and presumptive amount)

TAB 9 — DOMESTIC RELATIONS FINANCIAL AFFIDAVIT (USCR 24.2)

Each party files a sworn DRFA disclosing: gross monthly income; deductions; monthly expenses; assets; debts; insurance; and prior support obligations. Attach pay stubs and most recent federal tax return.

TAB 10 — AFFIDAVIT REGARDING CUSTODY (UCCJEA — O.C.G.A. § 19-9-69)

Lists each child's residences for the past five (5) years, persons with whom each child has lived, and any prior or pending custody actions.

TAB 11 — FINAL JUDGMENT AND DECREE OF DIVORCE

THIS CAUSE having been filed; Defendant having been served (or having filed Acknowledgment of Service); the statutory 30-day waiting period under O.C.G.A. § 19-5-8 having expired; and the Court having reviewed the Settlement Agreement, Parenting Plan, Child Support Worksheet, and DRFAs:

THE COURT FINDS:

1. The Court has jurisdiction over the parties and the subject matter.
2. Plaintiff [or Defendant] has been a bona fide resident of Georgia for more than six (6) months.
3. The marriage of the parties is irretrievably broken with no hope of reconciliation.
4. The Settlement Agreement and Parenting Plan are fair, equitable, and (where applicable) in the best interest of the minor child(ren).
5. Child support is calculated in accordance with O.C.G.A. § 19-6-15.

IT IS THEREFORE ORDERED AND ADJUDGED:

A. A total divorce is GRANTED, dissolving the bonds of matrimony between Plaintiff and Defendant; both parties are restored to the status of unmarried persons.
B. The Settlement Agreement dated [__/__/____] is APPROVED, MADE THE JUDGMENT OF THE COURT, and INCORPORATED into this Decree.
C. The Parenting Plan dated [__/__/____] is APPROVED and INCORPORATED.
D. Child support of $[__________] per month is ORDERED; an Income Deduction Order shall issue.
E. Plaintiff's former name of [_____________________________] is RESTORED.
F. Each party shall execute and deliver all documents necessary to effectuate the Settlement Agreement.
G. Costs are taxed against [_______________].

ENTERED this [__] day of [_____________], 20[__].

___________________________________
JUDGE, SUPERIOR COURT OF [______________] COUNTY

TAB 12 — REPORT OF DIVORCE, ANNULMENT, OR DISSOLUTION OF MARRIAGE (DPH FORM 3907)

Georgia Department of Public Health vital statistics form required to be submitted with the Final Decree.

FILING PROCEDURE AND FEES

Indigence: File Affidavit of Indigence (Poverty Affidavit) for fee waiver (~125% federal poverty guideline).

SOURCES AND REFERENCES

• O.C.G.A. § 19-5-2 (residency) and § 19-5-3 (grounds)
• O.C.G.A. § 19-5-8 (30-day waiting period)
• O.C.G.A. § 19-6-15 (child support guidelines and calculator)
• Georgia Courts Self-Help Center — https://georgiacourts.gov/administration/court-services/self-help/divorce-forms/
• Uniform Superior Court Rule 24.2 (DRFA)
• Georgia Child Support Commission Calculator — https://csconlinecalc.georgiacourts.gov/