Blue Ridge Judicial Circuit Superior Courts

Common Information

COMMON INFORMATION: Various terms and information

PLEADINGS: The formal allegations by the parties of their respective claims and defenses, for the judgment of the court.

AFFIDAVIT: An affidavit is a printed declaration or statement of facts, made voluntarily and confirmed by the oath or affirmation of the party making it, taken before an officer having the authority to administer such oath. [Having a notary public "notarize" your signature is not an oath.]

VERIFICATION: Many pleadings and other documents filed in the record require "verification." A verification in this context is the confirmation of truth or accuracy or authenticity by a declaratory affidavit that is common in form.

OTHER: references regarding divorce petitions.

GA Const Art. 6, §2, P1

Paragraph I. Divorce cases: Divorce cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and provided, further, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation.

OCGA 19-5-5(a)

The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner.

OCGA 19-5-5(b) the petition shall show:

1

The residence or last known address of the respondent.

2

That the applicant meets the residence requirements for bringing an action for divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements.

3

The date of the marriage and the date of the separation.

4

Whether or not there are any minor children of the parties and the name and age of each minor child.

5

The statutory ground upon which a divorce is sought.

6

Where alimony or support or division of property is involved, the property and earnings of the parties, if such is known.

Notice

Service of Notice or waiver in accordance with OCGA 9-11-4

Acknowledgment of Service

If the defendant agrees to acknowledge service of notice, the written acknowledgment, signed by the defendant, must be filed with the Clerk at least 45 days prior to the final hearing date (31 days if there is a filed written agreement to proceed after 31 days).[A simple Acknowledgment of service does not constitute a waiver of venue.]

OCGA 19-9-69

Historical information on children

Standing Order

Both parties shall attend Seminar for Divorcing Parents

OCGA 19-6-15

Child Support Worksheets (Note: Must be filled out completely and numbers must match Agreement; Child Support Addendum; and proposed Final Order)

Uniform Superior Court Rule 24.2

Every action for temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony or attorneys fees shall be accompanied by an affidavit specifying the party's financial circumstances. (Note: Each party must comply.)

Settlement Agreement

Must be signed by both parties prior to filing the Agreement with the Court.  Must resolve all issues relating to support, custody and division of property rights. If there are children, support must match Child Support Worksheets; Child Support Addendum, and proposed Final Order.

OCGA 19-9-1

Parenting Plan (Must be signed by both parties prior to being presented to the Court.  Must address all issues relating to visitation.) 

Child Support Addendum

Must be signed by both parties prior to presenting the Addendum to the Court with the proposed final order.  It should conform to the Child Support Worksheets; Settlement Agreement and proposed Final Order.

2011_01-13


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