In Georgia, married couples are required by law to file a complaint to get a divorce. Moreover, this should be done in superior court and you can either represent yourself or hire an attorney to represent you. Uncontested divorce cases are considered to be easy to deal with. That is because both parties have agreed in all disputes which usually involve sharing of child custody, the dividing of assets, and child support.
Even though uncontested divorce is the easiest and quickest way of separation to be achieved, there is a lot of paperwork involved and you are required to provide all the necessary documents so that your forms can be filed. Our uncontested divorce lawyers are here to help make sure you file everything correctly and on time.
Domestic Relations And Disposition Forms
Georgia law requires you to submit these forms for statistical purposes. The Clerk of the Court uses these statistical details in a case management report. This data is used to determine the types and number of cases concluded in court. The entire court system relies on this information to function efficiently.
Complaint Separation/Divorce Form
This form provides more details about both the plaintiff and the defendant. It also covers other additional topics which include, subject matter, venue, the date you got married, grounds for filing a divorce, alimony, marital property/assets, name restoration, and joint debts. You must fill in all these details as required by Georgia Law. Here is what to expect on each of these topics when filing a complaint for divorce.
Subject Matter Under Jurisdiction
Here you are required to state whether you are a resident of Georgia or not. For you to file for a divorce you or your spouse must have lived in this particular state for not less than six months.
Venue in this case usually means the most convenient place to have the trial proceedings. The place where the trial takes place must be convenient for both parties. According to the Georgia constitution, the proper venue for suing a defendant is in his or her county or place of residence.
Date Of Your Marriage
Here you are required to indicate how you and your spouse got married. That is whether you are a holder of a marriage certificate or you got married through what is known as common law marriage.
Grounds For Filing A Divorce
You are required to state your reasons as to why you are requesting to end your relationship. Depending on the grounds stated, one might be requested to prove the matter in court.
If you are looking for a way to get financial support from the other party, you can indicate in this section. The Alimony can be temporary or permanent, it all depends on the court’s decision.
Here you are supposed to indicate whether you and your partner have any marital property. If you do have property, state whether it is divided fairly or whether you would like the court to intervene and divide the assets.
Here you get a chance to specify the names you want to restore. However, you must provide proof of your former name so that you do not change your real name.
In this section, you are required to indicate whether you have a joint debt or not. If you do have a joint debt, indicate how much it is and who is supposed to pay.
A summons form must also be completed before it is handed over to the clerk. Summons are used to support what you have stated in the complaint form. However, when filling in this particular form, make sure that you leave out the section that says Civil Action number. This section is supposed to be filled in by the Clerk of the Court. Summons are used to swear that the information you provided is true including the details of the defendant and plaintiff.
The verification form is also included as part of the documentation. This form must be accompanied by the names of both parties. There is also a section for official use only. Make sure that you do not fill anything in this section, which is supposed to be filled in by the clerk. Once you have everything in order and filed your complaint, the clerk will proceed to assign a number to your file and case.
After filing the complaint, both parties are given thirty days to serve each other with financial documents. These financial documents usually consist of financial statements, loan applications, personal and intangible tax returns, IRS forms, K-1, W-2, AND 1099, pay stubs, marital or premarital agreements, and any legal document such as court orders.
File All The Forms
Make sure that you make at least two copies of each document because you are required to submit two copies of each document and the originals to the clerk. The clerk will stamp the presented documents, which is also an indication that the complaint has officially been filed. The original documents are usually left with the court.
Contact Our Uncontested Divorce Lawyers Today
As mentioned earlier, an uncontested divorce is considered to be the easiest form of separation. However, during the hearing of such cases, you must provide all these details to receive final judgment. Our uncontested divorce firm is here to make sure your forms are filed properly.