Georgia Marital Settlement (Divorce) Agreement Form [PDF]

The Georgia marital settlement agreement form is a legal document that streamlines the divorce process, ensuring clarity and fairness for both parties. Also known as a divorce settlement agreement, it usually covers matters like child support, alimony, and property division.

Considering the complexity of the matters regulated by the marital settlement agreement form, spouses often consult lawyers to draft this document. Still, they can easily save on legal fees by acquiring the marital settlement agreement template online and completing it without any legal assistance.

Divorce Forms 

The divorce forms must be filed with the Superior Court in the county where the spouses reside. The filing fee ranges from $150 to $400, depending on the county and additional costs, and the waiting period is 45 to 60 days.

Divorce Laws and Legal Requirements in Georgia

The divorce laws and legal requirements in Georgia offer an extensive legal structure for couples in the divorce process.

How to File For a Divorce in Georgia in 8 Steps

Filing for divorce in Georgia can be a complex process. However, by following these steps, you can navigate the procedure with confidence and clarity:

#1. Prepare Petition for Divorce

The first step is to prepare the petition for divorce, which can be found in a local courthouse or online (on the court’s website).

This document contains details about the parties, the reasons for the divorce, and relief requests, including those for alimony, child custody and support, and property division. 

The petitioner needs to fill out either a Petition for Divorce Without Minor Children or a Petition for Divorce with Minor Children and notarize it. Additionally, they can also fill out and sign a Domestic Relations Case Filing Information Form and an Automatic Domestic Standing Order.

#2. Provide Financial Disclosure

Financial disclosure provides spouses and the court with detailed information about each spouse’s financial situation. This information is essential when addressing matters like child support, alimony, or the division of marital property.

Each spouse must fill out a Domestic Relations Financial Affidavit with financial details and sign it before a notary public. Both parties should consider consulting an accountant or financial advisor to help them navigate this process.

#3. Create Parenting Documents

Parenting documents are legal documents related to child custody, child support, visitation, and other similar matters in divorce. 

One of the key documents is the Parenting Plan, which provides custody and visitation agreements for minor children.

Next is a Child Support Addendum that defines child support obligations, and there’s also the “Child Support Worksheet” created using Georgia’s Online Child Support Calculator.

This document includes the amount of child support that parents must provide. Some important factors in determining this amount would be the parent's income, the number of children, or healthcare expenses.

#4. Draft Settlement Agreement

Both spouses should create a legal document known as the divorce settlement agreement to address issues crucial to the divorce process. This document can shorten the whole process because its terms can be used in divorce decrees.

There are two types of settlement agreements—a Settlement Agreement With Minor Children and a Settlement Agreement Without Children. Spouses should choose one, sign it in front of the notary public, and make two copies; the petitioner should then file them with the court and pay a filing fee.

#5. Serve the Petition

The petitioner must inform the defendant of the divorce process by serving the divorce petition. This can be done in person, where the petitioner serves divorce papers to the defendant.

The defendant then must fill out an Acknowledgment of Service and sign it in front of the notary public. After notarizing it, the defendant should file the acknowledgment with the court.

Another way is to give a summons to the court’s clerk, who will instruct the sheriff's office to serve the divorce documents to the defendant in exchange for a fee. The sheriff will serve the documents and return a service sheet the petitioner must file with the court.

#6. Respond to Petition

The defendant now has 30 days to respond to the petition by filing a notarized Answer and Counterclaim with the court and providing their opinion on the claims the petitioner made.

If the defendant files a divorce complaint, they start the contested divorce process, in which the judge must make decisions on matters like custody, alimony, or property division and find a fair solution for both spouses.

However, if the defendant agrees to all claims in the petition, then spouses will start the uncontested divorce process, which is shorter and much smoother.

#7. Wait for the Court’s Decision

Once they have responded to the petition, the parties must wait for the court’s decision. When a divorce case is heard in court, the judge will rule based on the facts offered, relevant family laws, and legal principles. In some cases, there might be a need for additional hearings or trials to address issues that require special attention.

However, if everything seems in order, the couple can be granted a divorce, and the judge will issue the Final Judgement and Decree to both parties. Depending on the situation, either party may be able to appeal the judgment if they do not agree with the court’s ruling.

#8. Change Your Name

If the spouse requests in a petition for the court to restore their maiden name, a new name will be noted in the divorce decree, and this document will now be legal proof when changing names.

Spouses should update their names on identification cards, passports, and driver’s licenses. Moreover, the names on public records, such as contracts, bank records, and utility bills, should also be changed, and friends, family, and employers should also be informed about this.