Pro Se Divorce with Minor Children

Dissolution of a marriage can be a very complicated process and it is advisable to speak with a lawyer before beginning any legal action in this Court. If you want the Court to grant your divorce, you must follow the law and complete each and every paragraph that applies to your case. If any of your documents are not completed, signed, notarized, and filed as prescribed by the law, a judge cannot grant your request for a divorce, and may dismiss your case. Please note that filing for a divorce with minor children not only affects the rights of the parties involved, but may also affect certain rights of your children. A divorce can also affect you and your children’s rights in future proceedings, and proceeding without an attorney may have damaging consequences. If you still wish to proceed as a pro se litigant, please continue below.

By law, court personnel cannot give you legal advice, directions, or services. Therefore, although you have the right to represent yourself, you are strongly urged to consult with an attorney.

ALL STEPS #1-12 LISTED BELOW MUST BE COMPLETED:

1. Domestic Relations Case Filing Form (Clerk’s Filing Fees - $210.00)

2. Petition for Divorce with Minor Children

3. Verification - Must get notarized

4. Service - Service is a required step where the Defendant is formally notified that the divorce action has filed. [Please complete, sign, and file either Option #1, #2, or #3]

Option #1 - The Defendant is Cooperative:
[Please complete both of these forms]

Option #2 - Service by the Sheriff

Defendant can be served in Floyd County:
- Plaintiff must complete 2 forms in the Floyd County Clerk's Office and pay a $50.00 fee.
Defendant cannot be served in Floyd County:
- Plaintiff must arrange service directly with the Sheriff's office in the county where the Defendant can be found.

Option #3 - Cannot Locate the Defendant = Service by Publication

If you cannot locate the Defendant, your method of last resort is to serve the Defendant by publishing a legal notice. Service by publication may place certain limitations upon your case and may possibly restrict your ability to obtain certain kinds of relief such as child support and/or alimony. If you are able to locate the Defendant, you MUST either have the Defendant sign the Acknowledgment of Service form OR have the Sheriff complete service
- Service by Publication Packet

In addition to the normal filing fee, you must also pay a publication fee. Please check with the Clerk of the Superior Court to get the current fee amount.

5. Domestic Relations Financial Affidavit - Only required in a contested divorce when both parties cannot agree child support and/or alimony. In such a case, both parties must their own individualized versions of this document.

6. Settlement Agreement with Minor Children - If this is an uncontested divorce, then this Agreement must be signed and notarized by both parties. If this is a contested divorce, then both parties will have to submit their own versions of this document.

7. Parenting Plan - If this is an uncontested divorce, then this Plan must be signed and notarized by both parties. If this is a contested divorce, then both parties will have to submit their own versions of the Parenting Plan.

8. 2017 TransParenting Seminar Schedule & Registration for Floyd County - BOTH Plaintiff AND Defendant must register for a TransParenting Seminar for Divorcing Parents. This is required prior to the issuance of a Final Judgment and Decree. All in-person classes have been canceled. Please visit Children of Divorce or Course for Parents to register for an online course.

9. Georgia Child Support Worksheets - This link will redirect you to the Georgia Child Support Commission’s website. Please use either the Online Calculator or the Excel Calculator to determine the appropriate amount of child support. If child support is not settled, BOTH the Plaintiff and the Defendant must complete and file separate worksheets. Otherwise, a joint worksheet may be completed and filed.

10. Georgia Income Deduction Order Website - This link will redirect you to the Georgia Income Deduction Order Website. Income Deduction and Withholding is a process by which a parent who is ordered by a court to pay child support has payments withheld directly from his or her pay. Information provided on this website will assist you with correctly implementing income deduction under Georgia and federal law. Before income can be deducted for child support, a separate Income Deduction Order (IDO) must be filed with the Clerk of the Court and then signed by a judge. The Georgia Commission on Child Support has made available a fillable PDF template of the IDO form (Step 1) for your use.

11. State of Georgia Form 3907

12. Final Judgment & Decree of Divorce Form