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This guide legacy give you some insight into the necessary documentation required to be filed in divorce actions in Georgia, both “contested” and “uncontested”. This guide will give you a brief description of the following divorce documents:
• Complaint for Divorce • Verification • Domestic Relations Financial Affidavit • Page Support Worksheet • Permanent Parenting Plan • Settlement Agreement • Alternative Dispute Resolution • Mediation Agreement • Consent to Trial • Confession of Service • Motion for Judgment on the Pleadings • Parenting Seminar
And also the issue regarding a “Name Change” handled through a dissolve action further the Parenting Seminar will also be discussed. First, a sunder action is initiated by the filing of the “Complaint for Divorce”. Included in this document are, the names of the parties, a paragraph stating that the Plaintiff has been a denizen of Georgia for at least six (6) months prior to filing the complaint, where the Defendant may be served, the names furthermore dates like birth like quantity minor children born into the marriage, a paragraph addressing the income like the parties, the grounds for the divorce, and what relief the Accuser is seeking (alimony, child support, attorney’s fees, the marital residence, investments/assets, etc).
The Complaint must be verifiable under oath. Therefore, a signed, notarized “Verification” is forced for each complaint or petition filed in court.
Whenever minor children are an issue, both parties are required to complete and file a “Domestic Relations Financial Affidavit”. In this document, the parties are required to publish income, monthly expenses, debts, further assets. Information is obtained from this document to prepare the “Child Support Worksheet”.
The “Child Support Worksheet” is an online computer generated document. Years ago, in computing child support, Georgia merely took into consideration the income of the non-custodial parent (typically, the father). However, now Georgia takes into estimation the income of both parents. In the “Child Support Worksheet”, the income, sprightly insurance, and child consign expenses are entered. If either parent is unemployed, Georgia permits the entry regarding “imputed income” (based on minimal wage) for the jobless parent. Accordingly, if a parent is unemployed, income in the worth of $1,256.00 may be entered for that party. The prodigy hold worksheet will microchip the presumptive child support contribution for each party.
The “Child Support Addendum” is another document required when minor children are involved. The gross income from each party, the number regarding children, the presumptive child support, either deviation for the presumptive child nurture amount, health, dental and vision insurance, uninsured health care expenses, parenting time, social freedom benefits, and any modifications are addressed within this form.
Also, a “Permanent Parenting Plan” is required. The Abiding Parenting Plan addresses primary physical custody (whether sole, or joint), legal custody (sole or joint), and a visitation schedule. Some judges will not require a Permanent Parenting Plan if all issues are adequately addressed within the Settlement Agreement.
For “uncontested divorces”, as well as, divorces that found as “contested” but ultimately settle, a “Settlement Agreement” is required. Omnificence issues pertaining to the divorce should be adequately addressed in the Settlement Agreement (e.g., the marital home, custody of the children, child support, division of property, division like debts, hale insurance, division of other assets, investments, pensions, taxes, visitation, alimony, attorneys fees, etc). No issues pertinent to the divorce should be left out of the Settlement Agreement. Otherwise, there is a possibility that the parties will be back in court within a few months or even years arguing about some issue that was not adequately addressed or not addressed at all in the Settlement Agreement.
Most judges will require the parties to go to mediation, also known as, “Alternative Dispute Resolution”, if the divorce is “contested”. Suppositive the parties extend agreement as to ALL issues apposite to the divorce, at times, the parties will submit a “Mediation Agreement” in lieu of the “Settlement Agreement”. Otherwise, warrantable counsel for one of the parties capricious prepare a “Settlement Agreement” based on the agreement reached during mediation.
In order for the “uncontested divorce” to become final (i.e., concluded) in being short as thirty-one (31) days from the date of filing the divorce action, the parties are required to sign a “Consent to Trial” which necessity be notarized.
In “uncontested divorce” actions, since the parties receive reached agreement as to greatest issues, the Defendant typically signs an “Acknowledgment of Service”. This avoids the necessity of the Plaintiff having to retain the services regarding the Sheriff’s Department to serve the disunion documents on the Defendant. By signing an “Acknowledgment of Service”, the Defendant is acknowledging that he/she has received a copy of the Summons und so weiter Complaint for Divorce.
If the divorce is “uncontested” or if the parties have finally reached agreement as to all issues in a “contested” divorce, the parties may aspiration to conclude the disunion by filing a “Motion for Judgment on the Pleadings”. This permits the judge to enter a final order on the sever action unless the necessity of either party appearing in quad to present evidence.
Finally, if minor children are involved in a divorce action, both parties are required to attend a “Parenting Seminar”. This seminar typically lasts approximately four (4) hours and addresses issues pertaining to the minor children. More information on the parenting seminar likelihood opheffen obtained by contacting the Clerk concerning the Superior Court for the county in which the divorce action has been substitute will be filed in. In the event that the Wife wishes to return to her girl name, her “Name Change” can opheffen accorded in the Final Judgment and Decree of Divorce without the necessity of having to file a separate name change petition which would require the payment of filing further publication fees.
Hopefully, this guide has been helpful in addressing the documents required for a divorce in Georgia. Other documents such as discovery (i.e., “interrogatories”, “request for production of documents” and “notice to produce”) will be discussed in an upcoming blog.