INSTRUCTIONS FOR FILING A PETITION FOR DIVORCE WITHOUT

INSTRUCTIONS FOR FILING A

PETITION FOR DIVORCE WITHOUT MINOR CHILDREN

GENERAL COMMENTS

This is the form packet for people who want to file their own divorce, and who do not

have any minor children together with their spouse. If you and your spouse have minor

children together, you must not use this form packet. Instead, you must use the version

called Petition for Divorce With Minor Children.

Please read these instructions and each form very carefully. Missing or misreading a

word could cause you to make serious errors in your case, placing your rights and the

direction of your divorce case in jeopardy.

INTRODUCTION

In the State of Georgia, if you want to end your marriage, you must file a Petition for

divorce in the Superior Court. After a court grants your divorce and issues a Final

Judgment and Decree of Divorce, you will be legally able to remarry.

It is advisable to speak with an attorney before filing any action with the court. There

are often more issues involved in a divorce than you might realize if you fail to get legal

advice. However, you may want to review the forms and instructions in this packet

before you talk to an attorney, so that you will be able to make the best use of your time

with the attorney.

Divorce can be a very complicated process. If documents are not completed, signed,

notarized and filed as required by law, a judge may dismiss your case.

State law, OCGA § 15-19-51 prohibits court personnel (including staff attorneys or law

clerks, calendar clerks, clerk’s office staff, and sheriff’s department staff) from giving

legal advice or answering legal questions. Free consultations with an attorney are

available through the Family Law Information Center by appointment only.

YOU MAY ESPECIALLY NEED AN ATTORNEY IF:

➢ The case is contested OR an attorney represents your spouse.

➢ Your spouse has been violent to you

➢ You are unable to locate your spouse to have him/her served with this action.

➢ You and your spouse have a house, pension or retirement account, or large amount

of property or income to be divided.

➢ You think you may have difficulty getting financial information from your spouse.

Whether your case is contested or uncontested, you should speak with an attorney

before signing a settlement agreement or filing any other documents with the court.

FORMS YOU WILL NEED TO START YOUR DIVORCE:

If this divorce action may be contested (that is, you do not have a signed Settlement

Agreement), you should file the following documents with the Petition. All of these

forms are included in this packet or are available from the Family Law Information

Center, except the Sheriff’s Entry of Service. You can get the Sheriff’s Entry of Service

from the Sheriff’s office where you will be filing your case.

(a) Domestic Relations Case Filing Information Form

(b) Petition for Divorce

(d) Summons (available from Fulton County Clerk’s Office or downloadable at

http://www.fultonclerk.org/285/Civil-Forms)

(e) Domestic Relations Financial Affidavit

(f) Domestic Relations Standing Order

(g) Service Forms: Sheriff’s Entry of Service (3-part carbon form) OR

Acknowledgment of Service OR Publication paperwork, as follows: (1) Affidavit of

Diligent Search (2) Notice of Publication (3) Order of Publication, Return of Service,

Order Perfecting Service

(h) Notice of Lis Pendens (only if applicable)

(i) Rule Nisi (only if you want a special hearing on temporary issues)

(j) Poverty Affidavit, also known as an Affidavit of Indigence (only if you are indigent and

cannot afford to pay the filing & service fees — see list of fees from the Clerk’s office)

If this action is uncontested (that is, you have a signed Settlement Agreement), you

should file the following documents with the Petition. All of these forms are included in

this packet or are available from the Family Law Information Center.

(a) Domestic Relations Case Filing Information Form

(b) Petition for Divorce

(d) Summons

(e) Domestic Relations Financial Affidavit

(f) Automatic Domestic Standing Order

(g) Acknowledgment of Service OR Acknowledgment of Service, Consent to

Jurisdiction and Venue, and Consent to Present Case

(h) Poverty Affidavit, also known as an Affidavit of Indigence (only if you are indigent

and cannot afford to pay the filing & service fees)

(i) Settlement Agreement (signed before notaries by both parties)

FORMS YOU WILL NEED AT THE FINAL HEARING TO FINISH YOUR DIVORCE:

If you do not have a signed Settlement Agreement, you will need the following forms

when you go to the final hearing in your divorce. All of these forms are included in this

packet, or are available from the Family Law Information Center.

(a) Final Judgment and Decree of Divorce Without Minor Children

(b) Domestic Relations Case Final Disposition Information Form

Enforcement State Case Registry Form

If you have a signed Settlement Agreement, you will need the following forms when you

go to the final hearing in your divorce. All of these forms are included in this packet, or

are available from the Family Law Information Center.

(a) Final Judgment and Decree of Divorce Incorporating Settlement Agreement

(b) Domestic Relations Case Final Disposition Information Form (c) Georgia DHR

Report of Divorce, Annulment or Dissolution of Marriage and Child Enforcement State

Case Registry Form

THE FOLLOWING ARE DETAILED INSTRUCTIONS ON HOW TO COMPLETE AND

FILE THIS PETITION FOR DIVORCE WITHOUT MINOR CHILDREN, AS WELL AS

SOME OF THE RELATED DOCUMENTS. (Read these instructions carefully.)

Completing the Petition for Divorce

Caption (Heading):

Fill in your full name as the Petitioner, and your spouse’s full name as the Respondent.

Do not fill in the Civil Action Case Number. The clerk will assign a number to your case

when you file your Petition in the Clerk’s office. After completing the heading, write your

full name again in the space provided just before

Paragraph 1.

Paragraph 1: Subject Matter Jurisdiction

a) Check box “a” if you have been a resident of the State of Georgia for at least six (6)

months immediately before filing your Petition for divorce. (It is not good enough if you

used to live in Georgia in the past, moved away, and have returned more recently than

six months ago.)

(b) Check box “b” if you are not a resident of the State of Georgia, but your spouse has

been living in Georgia for at least the past six (6) months. (It is not good enough if your

spouse used to live in Georgia in the past, moved away, and has returned more recently

than six months ago.)

Note: If you live in Georgia, but have not lived here for a full six months, but your

spouse has been living here for at least the past six months, you may still use this

Petition and file in Georgia. Just check box “b” and cross out the words “I am not a

resident of the State of Georgia, but”, so that the sentence is accurate.

Paragraph 2: Venue

Note: The issue of venue in a divorce action can be very complicated. Read these

instructions very carefully. If your situation does not seem to fit any of the choices

exactly, you should talk to an attorney. You may not be able to file your case in this

County or you may need to make special changes to this form.

(a) Check box “a” if the Respondent currently resides in Fulton County.

(b) Check box “b” if all of the following are true: (1) the Respondent is not a resident of

Fulton County but resides in Georgia; (2) the two of you lived together in Fulton County

at the time you separated; (3) you still live in Fulton County; and (4) the Respondent

has moved out of Fulton County only within the past six (6) months prior to you filing this

Petition for Divorce.

Georgia and has acknowledged service of process and consented to the jurisdiction and

venue of this Court. (You will also need to file the original signed and notarized

Acknowledgment of Service when you file this Petition.) You must currently live in

Fulton County to check this box.

(d) Check box “d” if you live in Fulton County and the Respondent does not live in

Georgia. Then, check number (1), (2) or (3) in the same paragraph. (If both 1 & 3 or 2

& 3 apply, check both.)

(1) Check box “1" if the Respondent was previously a resident of Fulton County but

currently resides in another state (enter the name of the state in the space provided).

(See OCGA § 9-10-91[5].)

(2) Check box “2" if the Respondent has never resided in the State of Georgia and

currently resides in another state. Add the name of the state in the space provided.

(3) Check box “3" if the Respondent does not live in Georgia, but has acknowledged

service of process and has consented to the jurisdiction of the Court. If you check this

box, you must file the original signed and notarized form entitled Acknowledgment of

Service, Consent to Jurisdiction & Venue, and Consent to Present Case (one form) with

this Petition.

(e) Check box “e” if you reside in Fulton County, but you do not know where the

Respondent lives. You must prove to the Court that you have tried to locate the

Respondent and cannot find him or her. You must also file the original signed and

notarized “Affidavit of Due Diligence” with this Petition. In that Affidavit, you will explain

to the Court about the steps you took to try to find the Respondent.

Note: In this situation, you will have to serve the Respondent by publication. (See

Paragraph 3-c, below.) That means you will not be able to get certain kinds of relief as

part of the divorce, such as alimony, division of debts and division of some property.

However, if the Respondent later acknowledges service, gets served by the sheriff, or

files an Answer to the divorce, then your case will not be limited by the restrictions that

apply to publication cases.

Paragraph 3: Service of Process

(a) Check box “a” if the Respondent has acknowledged service of process. If you check

this box, you must also file the original signed and notarized Acknowledgment of

Service.

(b) Check box “b” if you want the Sheriff’s Department to serve the Respondent with this

Petition and the other court papers. Fill in the address where the Respondent should be

served and circle whether this is a home or work address.

(1) Check box “b-1" if the Respondent lives outside of Fulton County and you want the

Sheriff’s Department to serve him or her. If you check box “b-1,” you must inform the

Clerk’s office (when you file the case) that the other party must be served by “second

original.” The clerk will then stamp the service copy of your papers as a “second

original.”

him or her by publication. Write the Respondent’s last known address on the lines

provided. You must also file the original signed and notarized “Affidavit of Diligent

Search” with this Petition. In that Affidavit, you will explain to the Court about the steps

you took to try to find the Respondent.

Paragraph 4: Date of Marriage

(a) Check box “a” if you and the Respondent were married with a license and a

ceremony, such as one by a pastor or by a judge at the courthouse. Write the date of

the marriage in the space provided.

(b) Check box “b” if you and the Respondent did not have a marriage license and a

ceremony, but you believe you have established a common law marriage. Under

Georgia law, this generally means that you and the Respondent lived together in the

State of Georgia and held yourselves out as husband and wife before January 1, 1997.

Write the date you began your common law marriage on the space provided.

Paragraph 5: Date of Separation

In the space provided, write the last date that you and the Respondent separated and

remained separated up to the present time. Provide only one date. If you and the

Respondent have separated, gotten back together, and then separated again, use the

date of the most recent separation.

Paragraph 6: Settlement Agreement

Check this box only if you and the Respondent have signed a Settlement Agreement

telling the Court the arrangements concerning how you will divide your joint and marital

property and debts, and how you will resolve any other issues between the two of you.

The parties must agree voluntarily and this document must be signed by both parties in

front of a notary public.

Paragraph 7: Minor Children

If you and the Respondent have minor children together, you must use a different

Petition form, entitled “Petition for Divorce With Minor Children.”

Paragraph 8: Alimony

Note: If you want alimony, but do not have proof of the Respondent’s income, you

should see an attorney. There are procedures called “discovery” that may be used to

try to find out about the other person’s income. The income of the parties is an

important issue in deciding alimony.

(a) Check box “a” if you are financially dependent on the Respondent and want the

Court to order the Respondent to pay alimony for your support.

(b) Check box “b” if you are not asking the court to order alimony payments for your

support.

because the Court cannot get personal jurisdiction over the Respondent

Paragraph 9: Marital Property

Notes About Marital Property:

All property obtained by either party during the marriage is considered marital property

(no matter whose name is on the title), except for gifts and inherited property.

If the marital home or other real estate is titled in the Respondent’s name alone (or you

are not sure whose name is on the property deed), you may need to file a separate

document called a Notice of Lis Pendens. See an attorney if this may apply to your

case.

If the marital home belonged to one of the parties before the marriage, it still may be

claimed as marital property if its value has increased (or the mortgage has decreased)

during the marriage. See an attorney if this may apply to your case.

If you or the Respondent have rights to a pension that has built up during the marriage,

the pension may be considered marital property. Figuring out the value of a pension or

retirement account (and writing the proper QDRO order if it is distributed in the divorce)

may be complicated. See an attorney if this may apply to your case.

If you think the Respondent may have obtained assets or property during the marriage

that are unknown to you, the law has procedures to use (called “discovery”) to try to find

out about them. If it is important to you to try to learn more about the Respondent’s

assets, you should see an attorney.

CHECK ONLY ONE BOX in Paragraph 9

(a) Check box “a” if you and the Respondent have already divided your marital property

and you are both satisfied with the division.

(b) Check box “b” if you and the Respondent did not obtain any property during your

marriage to each other (or if the property is already all gone).

marriage to each other and you are asking for a fair division of that property. If you

check box “c,” you must provide the Court with information about the property that you

and the Respondent have obtained at any time during the marriage. Use the spaces

provided under box “c” to describe the property and check each box that applies. Use

additional paper if necessary, and attach the paper to this Petition. Carefully read the

“Notes about Marital Property” at the beginning of the instructions for Paragraph 9.

(d) Check box “d” if this issue cannot be decided by the Court in this divorce action

because none of the marital property is located in Georgia and the Court cannot get

personal jurisdiction over the Respondent.

Paragraph 10: Joint or Marital Debts

Note: The creditors are not parties in your divorce case. Therefore, the Court cannot

take away the creditors’ rights in the divorce. This means that the Court cannot prevent

creditors from trying to collect from any person who is responsible for a particular debt.

However, the Court can enter an order in the divorce case that says one party or the

other must pay a particular marital debt. If the responsible party does not pay as

ordered, she or he may be held in contempt.

(a) Check box “a” if you and the Respondent do not have any joint or marital debts.

(b) Check box “b” if you and the Respondent have joint or marital debts. In the spaces

provided, list each creditor (for example, Visa, MasterCard, etc.), the balance owed, and

who you believe should pay each debt. Use additional paper if necessary, and attach it

to the Petition.

because the Court cannot get personal jurisdiction over the Respondent.

Paragraph 11: Restraining Order Where Violence Has Occurred

Check this box only if there has been a history of violence by the Respondent toward

you, and you are afraid that the Respondent will continue the violent acts or harassment

against you. Do not check this box if there has not been any history of violent acts

against you by the Respondent.

Note: If there has been recent violence (or past violence plus a threat of future

violence), you may want to also consider filing for a Temporary Protective Order (TPO)

immediately. A TPO may provide stronger and faster protection than a restraining order

in a divorce case. There is no charge for filing a TPO petition and free help is available

for filing one. You can contact the One Stop for Protective Orders office at 404-612-

0505 for more information. (If you apply for a TPO, you can still check the restraining

order option for the divorce.)

Paragraph 12: Restore Former or Maiden Name

Check this only if you want the Court to restore your former or maiden name. On the

space provided, write the name you want to have restored. This is not a name change

action and cannot be used for anyone except the wife or husband in this divorce action.

Paragraph 13: Grounds for Divorce (Your reason(s) for wanting the divorce)

Check all that apply.

(a) Check box “a” if there is no hope that you and the Respondent can save this

marriage. This is the language for grounds in most cases, and may be the only grounds

you choose. It is the basis for granting a divorce when fault is not proven. It can be

used even if you choose other grounds.

(b) Check box “b” if the Respondent has committed acts of cruelty against you. On the

spaces provided, you must tell the Court what cruel acts the Respondent did to you.

you have been married to each other.

(d) Check box “d” if the Respondent left you intentionally and has not come back for at

least a year.

(e) Check box “e” if you can prove and want to state other grounds for divorce. Other

grounds for divorce are listed in the Georgia Code at OCGA § 19-5-3. You must tell the

Court what other grounds for divorce you are stating. Use the space provided or and

attach additional paper.

Final Paragraph: Request for Relief * CHECK ONLY THE BOXES THAT APPLY *

(a) Check box “a”.

(b) Check box “b” if you want the Respondent to be served with your court papers.

(d) Check box “d” if you want the Settlement Agreement signed by you and the

Respondent to be incorporated in the Final Judgment and Decree of Divorce. Make

sure you have also completed Paragraph 6 and that both parties have signed the

Settlement Agreement in front of a notary public.

(e) Check box “e” if you want the Court to order the Respondent to pay alimony for your

support.

(f) Check box “f” if you want the Court to divide the marital property as described in

Paragraph 9. Make sure you have correctly and completely filled out Paragraph 9, after

carefully reading the notes at the beginning of the instructions for that paragraph.

(g) Check box “g” if you want the Court to assign responsibility for payments of joint or

marital debts as described in Paragraph 10. Make sure you have correctly and

completely filled out Paragraph 10, after carefully reading the notes at the beginning of

the instructions for that paragraph.

(h) Check box “h” if you want the Court to temporarily and permanently restrain the

Respondent from harassing you or committing any further acts of violence toward you.

Make sure you have also completed Paragraph 11.

(i) Check box “i” if you want the Court to restore your former or maiden name according

to Paragraph 12. Make sure you have also completed that paragraph.

(j) Check box “j” if you want the Court to schedule a Rule Nisi (hearing on temporary

issues). Complete a Rule Nisi form for the Court to complete and sign.

To finish filling out this Petition form, add the date on which you are signing it, sign your

name in the space provided on the last page, write your address, email, and telephone

number. If the Respondent does not know your address and it should be kept

confidential because of family violence, do not write that address here. Instead, you

should write another address here, where you can be sure that you will receive any

information that is mailed to you by the Court or the Respondent.

Complete the Verification Form

The Verification form must be filed with the Petition for Divorce. In the caption, insert

your name as the Petitioner and your spouse’s name as the Respondent. Do not fill in

the Civil Action Case Number. The clerk will assign a number to your case when you

file your case in the Clerk’s office. Insert your name in the space underneath the word

“Verification,” which is the title of this document. Before you sign this Verification,

remember that you will be swearing under oath that the information you have provided

in the Petition for Divorce is true. Therefore, you should re-read the Petition one more

time, from start to finish, to make sure it is all true. Then, take the Petition and this

Verification to a notary public. Sign your name in front of the notary public in the space

provided, and check the box to indicate that you are the Petitioner. The notary must

complete the rest of the Verification form after you sign it under oath.

Complete Other Court Documents & Copying Your Papers

In addition to the Petition and the Verification, you must complete and file several other

forms together with the Petition to start your divorce case. Like the Verification, some of

these forms must also be signed by you in front of a notary public. (The ones you need

are listed on pages 2-3 of these instructions.)

After you have finished filling out all the papers you need to start your case, and all have

been signed (in front of a notary when required), follow the Superior Court Clerk’s

instructions for e-filing.

Fees

There is a fee for filing your case. In addition, there is a fee for the Sheriff’s Department

to serve this action. Check with the Clerk’s office to confirm all fees associated with

your case.

If you have a very low income, and feel that you cannot afford to pay these fees, you

can ask the Court to waive the fees. To do this, you should file a Poverty Affidavit, also

known as an Affidavit of Indigence, with the other papers when you file your divorce

action at the Clerk’s office. A judge must sign the Order approving your Affidavit,

before the filing of your case will be completed by the Clerk’s office staff. If the judge

signs the order approving the poverty affidavit, both the filing fee and the service fee are

waived. If the judge does not approve your Affidavit, you must pay the fees before your

case will proceed.

If you are serving the Respondent by publication (because you do not know where she

or he can be found for service), there is a publication fee charged by the newspaper that

publishes the notice. If the judge approves your Affidavit of Indigence, the newspaper

may waive the publication fee.

Filing Your Case in Court

After you have completed, signed (in front of a notary, where applicable) and sorted all

your paperwork (and you have your filing and service fees ready, unless you are filing a

Poverty Affidavit (Affidavit of Indigence), you are ready to file your case.

Follow the Superior Court Clerk’s instructions for e-filing your case.

Arranging for Service

Service is the required formal process of notifying the Respondent that the divorce

action has been filed. There are basically three ways for service to be completed: (1)

the Respondent signs an Acknowledgment of Service, (2) service by the sheriff’s

department or other approved process server, or (3) publication.

Acknowledgment of Service

This is the easiest and least expensive method, but only if the Respondent is

cooperative and willing to sign an acknowledgment form in front of a notary public. You

cannot sign the form for the Respondent and you cannot sign as the notary witnessing

the Respondent’s signature. Also, it is not good enough for the Respondent to sign

without the signature being witnessed by a notary public.

To use this method of service, you need to complete the appropriate form and have the

Respondent sign it in front of a notary public. Then, you file it with your other papers.

Service by the Sheriff (“Personal Service”)

This is the usual way for service to be completed. It is sometimes called “Personal

Service,” which means that the deputy sheriff or other court-approved process server

hands the papers to the Respondent in person. Therefore, if the Respondent will not

sign an acknowledgment, and you know an address where the Respondent can be

served, then you should make arrangements for the Sheriff’s Department to serve the

papers.

If the Respondent can be served in Fulton County, then the Fulton County Sheriff’s

Department can serve the papers. You may pay the service fee at the Sheriff’’s office

when you file the case, and leave the service copy of the papers with the Sheriff’s office.

➤ Make sure the service copy includes the Sheriff’s Entry of Service form. After the

Fulton sheriff’s department completes service you should receive a copy of the proof of

service. If the Respondent must be served in another county or state, then the Fulton

County Sheriff’s Department cannot serve the papers. You must arrange for service

directly with the sheriff’s department of the proper county. You must find out the

amount of the fee, and take or send it to the proper sheriff’s department, along with the

service copy of the papers.

Service by Publication

This is the method of last resort. If you can find the Respondent, you must use one of

the other two methods of service. Publication is a choice if you do not know where the

Respondent lives or works, and you cannot find out that information. You must prove to

the Court that you have tried to locate the Respondent and cannot find him or her.

If you have to serve the Respondent by publication, there are special limitations on your

divorce case, because the Court will not have “personal jurisdiction” over the

Respondent. You will not be able to get certain kinds of relief as part of the divorce,

such as child support and alimony. However, if the Respondent later acknowledges

service, gets served by the sheriff, or files an Answer to the divorce, then your case may

not be limited by the restrictions that apply to publications cases.

To serve by publication, you must prepare and file three forms:

(1) Affidavit of Diligent Search (2) Notice of Publication and (3) Order of Publication,

Return of Service, Order Perfecting Service

In the Affidavit of Due Diligence, you will explain to the Court about the steps you took

to try to find the Respondent. You must make reasonable efforts to find the Respondent

before you fill out the Affidavit form. The Affidavit of Diligent Search form is available

through the Family Law Information Center, and has its own set of instructions. The

other two forms are available through the Clerk’s office.

If you know you must use service by publication when you prepare your Petition for

Divorce, then you should prepare the three listed forms at that time. However, if you

have already filed your divorce case, and have tried to complete service by a different

method, you can still request the Court’s permission to serve by publication.

After you file the forms, if the Court grants permission, the Judge will sign the Order of

Publication. You must pay the cost of publication. Then, the Notice of Publication will

be published in the county’s official legal newspaper (In Fulton it is the Fulton County

Daily Report) four times (usually four weeks in a row). The Notice gives the

Respondent 60 days to file an Answer, if she or he wants to contest the case.

Meanwhile, the Court Clerk is required to mail the Notice of Publication to the

Respondent’s last known address (which you have provided in the Affidavit of Diligent

Search), and then to complete the Return of Service part of the 3-part form listed as (3)

above.

However, to be on the safe side, in addition to the above, you may also want to mail a

set of all the papers to the last known address.

After it has been published all four times, you should receive an Affidavit of Publication

from the newspaper, stating that publication is complete. You must bring this Affidavit

of Publication with you to your hearing, to prove that service by publication has been

completed. Usually, the Judge will then sign the Order Perfecting Service (part of the 3-

part form listed above) at the hearing, showing that the Court has reviewed the service

and finds it was done properly.

You may later find out where the Respondent lives or works (before the case is over). If

this happens, then you can arrange for the Sheriff’s Department to serve the

Respondent, or for the Respondent to acknowledge service.