You are doing this on your own, and YOU will need to write the final order of divorce.
There are many aspects to that, but this is the required minimum language as specified by O.C.G.A. 19-5-12:
--FINAL JUDGMENT AND DECREE--
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, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.
It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.
Petitioner and Respondent 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.
Decree and order entered this _____ day of _____, _____.
| ______________________________________ |
| Judge____________________, Superior Court
|
HEY . . . BEFORE YOU GO CUTTING AND PASTING AND THINKING THAT IS IT. . .
You ALSO need to state whether the wife is going to retain her maiden name.
You ALSO need to identify any other documents that are going to become part of the court order.
(e.g. If you have a settlement agreement that you have titled "John and Jane Smith Divorce Settlement Agreement", you need to add a line stating "The court incorporates into this Final Judgment and Decree, the settlement agreement between the parties named 'John and Jane Smith Divorce Settlement Agreement' that was executed by the parties on the ___ day of __________, _____".
You also have to put "the style of the case" at the top of the document.
The style of the case is what you see in every court pleading . . . and it includes the court, state, county, parties, and case number.
This is what that looks like:
IN THE SUPERIOR COURT OF THE COUNTY OF PAPADAKALICIOUS
STATE OF GEORGIA
JOHN SMITH )
) Civil Action File
v. ) File # ____________________
)
JANE SMITH )
_____________________________________________________________________
So . . . . your final product will START WITH A BASE OF THIS:
IN THE SUPERIOR COURT OF THE COUNTY OF PAPADAKALICIOUS
STATE OF GEORGIA
JOHN SMITH )
) Civil Action File
v. ) File # ____________________
)
JANE SMITH )
_____________________________________________________________________
FINAL JUDGMENT AND DECREE OF DIVORCE
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, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.
It is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.
Petitioner and Respondent 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 wife will have her name changed back to her maiden name of Figgenbottom.
The settlement agreement titled "John and Jane Smith Settlement Agreement", and executed on the 1st day of April, 2012, will be incorporated and made part of this Final Judgment and Decree of Divorce.
Decree and order entered this _____ day of _____, _____.
| ______________________________________ |
| Judge____________________, Superior Court
|
RETURN to LIST OF REQUIRED DOCUMENTS
