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The Georgia Final Decree Divorce form is a legal document that finalizes the dissolution of a marriage in the state of Georgia, particularly when minor children are involved. This form outlines the court's decisions regarding custody, visitation, child support, and other essential matters related to the children and the division of property. Understanding this form is crucial for those navigating the complexities of divorce proceedings, ensuring that the rights and responsibilities of all parties are clearly defined and upheld.

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Missing Information: Many people forget to fill in essential details, such as the case number or the names and birth dates of the minor children. This omission can delay the process.
Inconsistent Checkboxes: It’s common for individuals to check both options for custody, child support, or health insurance. This creates confusion and may lead to the court rejecting the form.
Not Using Attachments: Some fail to attach required documents, like the Permanent Parenting Plan Order or Child Support Addendum. Without these, the decree may be incomplete.
Incorrect Alimony Selection: Selecting more than one option for alimony can cause issues. Only one choice is allowed, and making multiple selections can invalidate the request.
Ignoring Legal Requirements: Many do not realize that the court must have personal jurisdiction over the defendant. This can lead to an incomplete or invalid decree if not properly addressed.

What is the Georgia Final Decree Divorce form?

The Georgia Final Decree Divorce form is a legal document that officially concludes a marriage in the state of Georgia. It outlines the court's decision on various issues related to the divorce, including custody, child support, and property division. This form is essential for finalizing the divorce process and ensuring that both parties understand their rights and responsibilities moving forward.

Who can file for a divorce using this form?

Either spouse can file for divorce using the Georgia Final Decree Divorce form, provided they meet the residency requirements of the state. Typically, at least one spouse must have lived in Georgia for six months before filing. The form is especially relevant when there are minor children involved, as it addresses custody and support arrangements.

What happens if my spouse does not appear in court?

If your spouse does not appear in court, the judge may still grant the divorce based on the evidence presented by the appearing spouse. The court will consider any relevant information regarding custody, child support, and property division. It is crucial to ensure that you have properly notified your spouse about the proceedings, as this will affect the court's ability to make decisions in their absence.

How does the court determine custody and visitation arrangements?

The court determines custody and visitation arrangements based on the best interests of the children involved. This includes considering factors such as the children's needs, the parents' ability to provide care, and the relationships the children have with each parent. The attached Permanent Parenting Plan Order in the Final Decree outlines specific arrangements, ensuring that both parents understand their rights and responsibilities regarding the children.

What if child support is not addressed in the Final Decree?

If child support is not addressed in the Final Decree, it may be due to a lack of personal jurisdiction over the other parent or because the parties did not request a decision on this issue. In such cases, parents may still have the option to pursue child support through a separate legal action. It is essential to clarify this matter to ensure that the children's needs are adequately met.

Can I modify the terms of the Final Decree after it is issued?

Yes, it is possible to modify the terms of the Final Decree if there is a significant change in circumstances. This might include changes in income, relocation, or changes in the needs of the children. However, modifications must be approved by the court, and it is advisable to consult legal assistance when seeking to make changes to the decree.

What should I do if I have questions about the Final Decree?

If you have questions about the Final Decree, it is best to seek guidance from a legal professional or a family law clinic. They can help clarify any uncertainties you may have regarding the document, its implications, and your rights. Understanding the Final Decree is vital for ensuring that you and your children are adequately protected moving forward.

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Using a North Carolina Promissory Note not only clarifies the repayment terms but also strengthens the trust between the borrower and lender. To create this essential legal document, you can easily access the Promissory Note form and ensure all necessary details are accurately captured for a formal agreement.

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SUPERIOR COURT OF GWINNETT COUNTY

STATE OF GEORGIA

	,
Plaintiff,	Civil Action
vs.
	Case Number
	,
Defendant.

FINAL JUDGMENT AND DECREE OF DIVORCE

WITH MINOR CHILDREN

(WITHOUT SETTLEMENT AGREEMENT)

This action came before the Court for trial on

, 200 . The

Plaintiff appeared pro se. The Defendant ฀ also appeared [or] ฀ did not appear. The Court heard the evidence and considered the matter.

Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the Court that a total divorce be granted between the parties to this case. It is hereby ordered that the marriage contract entered into between the parties is hereby set aside from this date, and fully dissolved. Plaintiff and Defendant in the future shall be held and considered as separate and distinct persons, altogether unconnected by any nuptial union or civil contract whatsoever, and both shall have the right to remarry.

THE COURT HEREBY FINDS THAT the parties have		minor children
together, who are listed below:
Child’s Name	Date of Birth

THE COURT HEREBY ORDERS THE FOLLOWING:

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1.CUSTODY AND VISITATION

These issues have been addressed in the attached Permanent Parenting Plan Order which is hereby made a part of this Final Judgment as if fully set forth here.

2.OTHER PARENTAL RIGHTS

These issues have been addressed in the attached Permanent Parenting Plan Order which is hereby made a part of this Final Judgment as if fully set forth here.

3.CHILD SUPPORT

[Check and complete either (a) or (b). Do not check both (a) and (b).]

฀(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant, or because the parties have not asked the Court to decide the issue of child support.

฀(b) This issue has been addressed in the attached Child Support Addendum which is hereby made a part of this Final Judgment as if fully set forth here.

4.INCOME DEDUCTION ORDER

[Check and complete either (a) or (b). Do not check both (a) and (b).]

฀(a) No Income Deduction Order shall be entered, because ______________________

_______________________________________________________________________.

฀(b) This issue has been addressed in the attached Child Support Addendum which is hereby made a part of this Final Judgment as if fully set forth here.

5.HEALTH INSURANCE FOR CHILDREN

[Check and complete either (a) or (b). Do not check both (a) and (b).]

฀(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant, or because neither party has asked the Court to address the issue of health insurance in this action.

฀(b) This issue has been addressed in the attached Child Support Addendum which is hereby made a part of this Final Judgment as if fully set forth here.

_____________________________________________________________________________________

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6.OTHER HEALTH CARE EXPENSES FOR THE CHILDREN

[Check and complete either (a) or (b. Do not check both (a) and (b).]

฀(a) This issue is not addressed in this Final Judgment, either because the Court lacks personal jurisdiction over the Defendant.

฀(b) This issue has been addressed in the attached Child Support Addendum which is hereby made a part of this Final Judgment as if fully set forth here.

7.LIFE INSURANCE FOR THE BENEFIT OF THE CHILDREN

[Check and complete either (a) or (b. Do not check both (a) and (b).]

policy shall be maintained for so long as at least one of the children is a minor or is otherwise entitled to support under the Child Support Addendum.

□(b) The children depend on both of the parties for financial support, and therefore each party shall maintain a policy of insurance on his/her life, with a face amount of at

least $ , for the benefit of the minor children. The policy shall be

maintained for so long as at least one of the children is a minor or is otherwise entitled to support under the Child Support Addendum.

8.ALIMONY.

[Check and complete only one of these, either (a), (b) or (c). Do not check more than one.]

฀ (b) The	shall pay to the		as alimony, the sum
of		Dollars ($	) per month,

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beginning on

, and continuing monthly thereafter,

[To finish (b), you must check and complete either (1) or (2). Do not check both (1) and (2)]

฀(1) until the recipient remarries or dies.

฀ (2) for a period of

฀(c) Neither party is entitled to receive alimony from the other party.

9.PROPERTY DIVISION.

[Check and complete either (a), (b) or (c). Do not check more than one.]

฀(a) This issue is not addressed because the Court does not have personal jurisdiction over the Defendant.

฀(b) The parties did not obtain any property during their marriage.

฀(c) The parties have already made a division of their marital property, including any real estate, vehicles, household furniture, furnishings, household goods, equipment, bank accounts, pensions and other personal property. Neither party shall claim any of the property in the possession of the other party as of the date of this Final Judgment.

฀(d) The parties possess various items of marital property, which shall be divided as provided in this Final Judgment. The parties shall transfer possession and title to their property as follows:

[If you have chosen (c), check and complete only the parts that apply, from (1) through (4) below.]

฀(1) Marital Home - The marital home of the parties, located at the following

address:				,
which has the following legal description on the deed to the property:

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shall be conveyed to thein fee simple. The

shall be responsible for all taxes, assessments and mortgage loan payments on the

home after the date of

[If you have chosen and completed the preceding paragraph (1), concerning a marital home, you may also check and complete (A) or (B), or both (A) and (B), but neither one is required.]

฀ (A)

The

shall have a lien against the home in the

amount of

Dollars

). Upon the sale or transfer of the home, the lien

shall be paid.

฀ (B)

The

shall immediately begin making reasonable

efforts to refinance the outstanding mortgage/mortgages on the

marital home, so that the

shall no longer be

liable on the mortgage loan(s). If the

is not

able to refinance by

, 200

, the home shall

then be listed for sale at a reasonable price, and all reasonable offers

to purchase the home shall be accepted until sold.

฀(2) Mobile Home - The parties’ mobile home, which is described as a ______

___________________, with Vehicle Identification Number (VIN) of _________

฀(3) Vehicles - The vehicles owned by the parties shall be transferred or retained as follows:

Year/Make/Model of Vehicle	Vehicle ID # (VIN)	Goes to
	______________________	___________
		___________
	______________________	___________
		___________

The party listed above for each vehicle shall be responsible for all car loan payments, ad valorem taxes, registration fees and insurance on that vehicle

accruing after the following date:

_____________________________________________________________________________________

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฀(4) Other Personal Property - The parties own various other items of personal property, which shall be transferred to the party listed below, on or before

___________________________, 20 . To the Wife

To the Husband

Except as otherwise specifically provided in this Final Judgment, the transfers

listed above shall be completed no later than, and each party shall execute all documents necessary to promptly complete the transfer. Upon the failure of either party to execute and deliver any deed or other document necessary to complete the transfers required by this Final Judgment, this Judgment shall constitute and operate as the properly executed document. The county auditor, county recorder, Department of Motor Vehicles, and all other public and private officials are authorized and directed to accept this Judgment or a properly certified copy of it in lieu of the document regularly required for the conveyance or transfer.

Except as provided in this Judgment, the parties have divided their marital property, including any real estate, vehicles, household furniture, furnishings, household goods, equipment, bank accounts, pensions and other personal property. Neither party shall claim any of the property in the possession of the other party as of the date of this Final Judgment, except as provided in this Final Judgment.

_____________________________________________________________________________________

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10.DEBTS.

[Check and complete either (a), (b) or (c). Do not check more than one. Do not list complete account numbers.]

฀(a) This issue is not addressed in this Final Judgment because the Court does not have personal jurisdiction over the Defendant

฀(b) The parties have no outstanding joint or marital debts.

฀(c) The responsibility for payment of the parties’ joint and marital debts shall be as follows:

Creditor	Amount	Responsible Party
	$
	$
	$
	$
	$
	$
	$

The responsible party listed above for each debt shall hold the other party harmless for any collections on that debt. If legal action is brought against the other party to recover that debt, the responsible party shall indemnify or hold the other party harmless and, in addition, to pay all attorney’s fees and costs of collection which the other party may incur as a result of the legal action.

11.BANKRUPTCY CONSTRUCTION OF THIS JUDGMENT

The Court finds that, but for the payments and transfers provided in this Final Judgment, the receiving party’s financial independence would be impaired. Therefore, it is the Court’s intention that if either party ever seeks bankruptcy protection, the amounts payable under this Agreement should not be dischargeable in bankruptcy under 11 United

_____________________________________________________________________________________

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States Code Section 523(a)(5), as the payments are in the nature of spousal or child support and maintenance. Alternatively, the payments should be nondischargeable in bankruptcy under 11 United States Code Section 523(a)(15).

12.RESTRAINING ORDER

[Check and complete (a) or (b) below. Do not check both.]

฀(a) No permanent restraining order is entered in this action.


฀ (b) The	shall be permanently restrained and enjoined
from assaulting, beating, wounding, threatening, harassing and stalking the		.

This provision shall be enforceable by the Court’s contempt power.

13. ฀ RESTORATION OF NAME

[Optional — Check and complete only if applicable.]

The Wife’s former name of		shall
be restored.
14. ฀ OTHER SPECIAL PROVISION

[Optional — Check and complete only if applicable.]

This decree entered on		, 200 .

JUDGE

Superior Court of Gwinnett

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Here are key takeaways regarding the Georgia Final Decree Divorce form:

The form is used to finalize a divorce, especially when minor children are involved.
It is essential to fill out the case number and the names of the plaintiff and defendant accurately.
Custody and visitation arrangements must be detailed in an attached Permanent Parenting Plan Order.
Child support issues should be addressed in a Child Support Addendum, which must also be attached.
Health insurance for children and other healthcare expenses must be specified, with options provided in the form.
Alimony can be included, but only one option should be selected to avoid confusion.
Property division must be clearly outlined, indicating how marital assets will be divided.
All sections of the form must be completed thoroughly to ensure the court has all necessary information for the final decree.

฀ (b) The children depend on the

for financial support, and

therefore the

shall maintain a policy of insurance on his/her life,

with a face amount of at least $

, for the benefit of the minor children. The

Fact Name	Description
Governing Law	The Georgia Final Decree Divorce form is governed by Georgia law, specifically O.C.G.A. § 19-5-1 et seq.
Use Case	This form is utilized when a divorce is granted with minor children involved and without a settlement agreement.
Pro Se Representation	The Plaintiff can represent themselves in court, as indicated by the option for pro se appearance.
Custody Arrangements	Custody and visitation issues are addressed in an attached Permanent Parenting Plan Order.
Child Support	Child support can be addressed in the attached Child Support Addendum, or not included due to jurisdiction issues.
Health Insurance	Health insurance for children is also addressed in the Child Support Addendum or may not be included based on jurisdiction.
Alimony	The form allows for alimony to be specified, including options for payment amounts and duration.