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However, unfortunately cost is one of the realities of divorce. For those who are seeking to file for divorce in Georgia, especially those who which to proceed without the assistance of counsel, the first cost encountered will likely be the filing fee and service fee.
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This fee must be paid to the Clerk of Superior Court in the county where the divorce case is initiated. In addition to this fee, a service fee must also be paid.
Superior Court - Pro Se Divorce Without Minor Children
This affidavit asks the Court to waive the mandatory filing fee, service fee and other court costs associated with filing for divorce in Georgia. Although this option is available, it is important to note that these requests are not automatically granted, and you will have to show proof of your income to ensure that you meet to qualification to have these fees waived. Additionally, in most counties the court will only grant these requests if you are representing yourself pro se or if you are represented by a pro bono attorney.
For more information concerning proceeding with your divorce action pro se, or to possibly enlist the services of a Legal Aid attorney, contact Georgia Legal Aid or Georgia Legal Services.
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This one-page form gives the Defendant 30 days to file an answer or face a Judgment by Default. It is signed by the Clerk of Courts and dated by the Deputy Sheriff where the action is filed. This one-page form records that the County Sheriff delivered a copy of the divorce papers and the Summons to the Defendant. When he or she agrees with the divorce, the Defendant signs this Acknowledgment of Service and Consent to Jurisdiction, a one-page form in which he consents the jurisdiction of the Court and waives further notice of hearings.
This form can bypass the need for a formal service of a Summons, and it is a step toward moving a divorce action expeditiously.
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During the course of the divorce action, a party may file a Rule Nisi Notice of Hearing form, which directs the other party to appear and show cause ofwhy something requested should not be done. This four-page form, filed by both the Plaintiff and Defendant, profiles the income and expenses of the party as well as his or her assets and liabilities. This is a one-page cover sheet filed by the party initiating the action. As it applies to a divorce, the form indicates whether of not the parties have achieved a marital settlement agreement.
This one-page form is a cover sheet filed by the Plaintiff in domestic relations cases.
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It designates the type of action, and notes whether Ex Parte relief from family violence was requested and granted. Agreement The agreement spells out the terms and conditions of the divorce, including child custody and visitation, access and decisions, communication, child support as well as alimony and the division and distribution of marital assets and liabilities.
Signed by both the Plaintiff and Defendant, the agreement is notarized.
This complicated form, used to calculate child support, is based on the Georgia Schedule of Basic Child Support Obligations. The form, which also includes five appended schedules, determines the amount of support the Noncustodial parent pays the Custodial parent, and it reflects the combined adjusted gross income of both parents. This form, which is signed and filed by the Plaintiff and which must be notarized, identifies the minor children of the marriage, establishes their place of residence for the past five years, stipulates whether or not the Plaintiff has been a party to any litigation concerning the custody of the children, whether or not he or she has any information about "any custody proceeding concerning the children" in Georgia or elsewhere, and whether or not the Plaintiff knows of any other party who "has physical custody of the children or claims to have custody or visitation rights The Defendant files an Answer and Counterclaim when he or she admits the allegations in the Plaintiff's Complaint and agrees with the divorce action.
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This form is not used in a contested divorce. It is used when the couple have an agreement and the wife is the Defendant who wants to reclaim her birth name. This form, which ends the marriage, incorporates the marital settlement agreement of the parties, spells out the terms of child support, if applicable. It is also stipulates that Alimony and Support Unit and Income Deduction Orders, which provide for automatic deduction of these monies, are also entered contemporaneously with the decree.
This form certifies that the Plaintiff has made a good-faith effort to serve the divorce papers on a missing spouse who cannot or will not be found.
This Affidavit must be filed before the Plaintiff may serve the Defendant by publication. This order, signed after the Plaintiff files the Affidavit of Publication and Diligent Search, permits him or her to advertise the action four times in the ensuing 60 days, with at least seven day intervals between publications.
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