Last updated: 5/16/2016
Petition For Divorce Without Minor Children
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Description
SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION , v. Petitioner, , Respondent. Civil Action Case Number PETITION FOR DIVORCE WITHOUT MINOR CHILDREN My name is and I am representing myself in this divorce action. In support of my case, I state as follows: 1. Subject Matter Jurisdiction: I am the Petitioner in this action and: [Check only one of the following, either (a) or (b).] __ (a) I have been a resident of the State of Georgia for more than six (6) months immediately prior to filing this action. __ (b) I am not a resident of the State of Georgia, but my spouse has been a resident of the State of Georgia for at least six (6) months immediately prior to my filing of this action. 2. Venue: My spouse's name is is the Respondent in this action. [Check only one of the following, either (a), (b), (c), (d) or (e).] , and he/she __ (a) The Respondent is a resident of Fulton County and is subject to the jurisdiction of this Court. __ (b) The Respondent is a resident of Georgia in County, but the Respondent and I lived together in Fulton County at the time we separated, I still reside in Fulton County, and the Respondent has only moved away from Fulton County within the past six months before the date of my filing this action. _____________________________________________________________________________________________ Petition for Divorce Without Minor Children - Rev. Feb 2016 Provided by the Fulton Family Law Clinic American LegalNet, Inc. www.FormsWorkFlow.com __ (c) The Respondent is a resident of Georgia in County, and I live in Fulton County. The Respondent has acknowledged service of process and consented to the jurisdiction and venue of this Court. __ (d) The Respondent is not a resident of the State of Georgia, but I am a resident of Fulton County, Georgia, and: [Check only one of the following, either (1), (2), or (3).] __ (1) The Respondent was formerly a resident of the State of Georgia and currently resides in the State of . The Respondent is subject to the personal jurisdiction of the Court under Georgia's Long Arm Statute, OCGA § 9-10-91(5). __ (2) The Respondent has never resided in the State of Georgia and currently resides in the State of . __ (3) The Respondent has acknowledged service of process and consented to the jurisdiction and venue of this Court. __ (e) I am a resident of Fulton County and the Respondent's whereabouts are unknown to me. I am filing my Affidavit of Due Diligence with this Petition, and incorporate it here by reference. 3. Service of Process: The Respondent shall be served as provided under OCGA § 9-11-4, in the following manner: [Check only one of the following, either (a), (b), or (c).] __ (a) The Respondent has acknowledged service of process. I am filing the Acknowledgment of Service (which has been signed by the Respondent) with this Petition. __ (b) The Respondent may be served by the Sheriff's Department at the Respondent's residence/work address, which is: ______________________________ ______________________________ ______________________________ __ (b-1) [Check only if the Respondent lives outside Fulton County.] The Respondent resides outside of Fulton County, and shall therefore be served by second original, as provided under OCGA § 9-10-72. Service shall be made by the sheriff's department of the county where the Respondent resides. _____________________________________________________________________________________________ Petition for Divorce Without Minor Children - Rev. Feb 2016 Provided by the Fulton Family Law Clinic American LegalNet, Inc. www.FormsWorkFlow.com __ (c) The Respondent's whereabouts are unknown to me. I am filing my Affidavit of Due Diligence with this Petition. The Respondent shall be served by publication as provided under OCGA § 9-11-4(e)(1) for those who cannot be found within the State of Georgia. To the best of my knowledge, the Respondent's last known address is: ______________________________ ______________________________ ______________________________ 4. Date of Marriage: [Check and complete only one of the following, either (a) or (b).] __ (a) The Respondent and I were lawfully married on ______________________. __ (b) The Respondent and I are married by common law because we lived together and held ourselves out as husband and wife as of , which date was prior to January 1, 1997. 5. __ 6. Date of Separation: The Respondent and I last separated on and we have remained in a true state of separation since that date. Settlement Agreement: [Check only if there is a signed agreement.] , The Respondent and I have entered into a Settlement Agreement, which we both want to be incorporated into the Final Judgment and Decree for Divorce. The Settlement Agreement has been signed by each of us in front of a notary public, and I am filing the Settlement Agreement with the Court, together with this Petition. 7. Minor Children: [If you and the Respondent have any minor children together, you must use a different Divorce Petition form. See instructions.] The Respondent and I do not have any minor children together. 8. Alimony: [Check only one of the following, either (a), (b), or (c).] __ (a) I am financially dependent on the Respondent and need the Court to order the Respondent to pay alimony for my support. _____________________________________________________________________________________________ Petition for Divorce Without Minor Children - Rev. Feb 2016 Provided by the Fulton Family Law Clinic American LegalNet, Inc. www.FormsWorkFlow.com __ (b) I am not asking for alimony. __ (c) 9. The issue of alimony cannot be decided in this action because the Court does not have personal jurisdiction over the Respondent. Marital Property: [Check only one of the following, either (a), (b), (c) or (d). Do not include __ (a) The Respondent and I have already divided our marital property, and we are both satisfied with the division. __ (b) The Respondent and I have not obtained any property during our marriage. __ (c) The Respondent and I have obtained the following property during our marriage, and I am asking for a fair division of this property: __ House located at __ Other real estate, located at __ Mobile home (model: __ Pension (mine, worth $ __ Motor vehicles listed here: __ Model/year: __ Model/year: __ Model/year: __ Furniture: __ Listed here: , year: ; Respondent's, worth $ ) ) complete account numbers.] __ Listed on separate paper attached to this Petition __ Bank accounts and/or other inves