CONTESTED DIVORCE—NO CHILDREN

The forms presented in this packet are designed to guide you in the preparation of your divorce papers. You must fill in the required information as it applies to your situation. Your papers should remain in the same order as they appear in this packet. If you do not have access to a typewriter, you may fill the papers out by hand in neat print using BLACK ink.

You should fill in every blank line EXCEPT for the civil action file number blanks and the lines provided for signatures by the Notary Public and the Judge. In the Complaint and the Settlement Agreement, some sections have two possible answers, separated by an [OR]. In these sections, you must choose which of the two choices fits best in your situation, and then include only that choice in your documents. The other choice should be ignored, and should not be included in your documents. Make sure that everything is signed. All signatures that require notarization must be notarized before your documents will be approved for filing.

Neither the Clerk of the Superior Court, nor any Deputy Clerk, nor the Judges, or any other Court personnel, is allowed to answer any questions for you concerning the preparation of these forms. State Law O.C.G.A. §15-19-51 forbids court personnel to give legal advice. Different situations may require special procedures and courthouse personnel cannot advise you on how to proceed or what forms may be necessary in specific situations. Divorce can be very complicated. The only person allowed to help you in the preparation of these forms is a licensed attorney hired to represent you. Please consult an attorney if you have questions about the procedure or what action is best for you to take.

YOU MAY NEED AN ATTORNEY IF:

The case is contested and your spouse has a lawyer.

You cannot locate your spouse to serve him or her with your papers.

You or your spouse has a house, pension, or large amount of property or income. You might lose custody of your children.

You think you will have difficulty getting documents from your spouse about retirement funds, income, etc.

Even if it is a friendly divorce, you should talk to a lawyer before you sign any settlement papers or file anything in court.

Remember, you must fully complete the forms before the Judge will be able to grant you a decree of divorce. Incomplete forms, as well as forms that are improperly filled out, may delay the grant of your divorce. Make sure that you take time to read over all the forms, and understand what is being asked of you in each situation. An accompanying instruction packet is available to help you as you complete these forms.

HENRY

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

LaShanda Faye Brown

_____________________________, )

) Plaintiff, )

)

) Civil Action No. ________________

Nathaniel Hall

)

_____________________________, )

) Defendant. )

COMPLAINT FOR DIVORCE

LaShanda Faye Brown

Plaintiff, __________________________________________, comes before this

Court and shows this Court as follows:

Subject Matter Jurisdiction (Check a or b)

 HENRY

□ a) Plaintiff is a resident of _________________ County, Georgia, and has been a resident of Georgia for at least six months prior to the filing of this action. □ b) Plaintiff is not a resident of the State of Georgia, but Plaintiff’s spouse has been a resident of the state of Georgia and the county of _______________________ for at least six (6) months prior to my filing this action.

Venue (Check a, b, c, d, e, or f)

□ a) Defendant is a resident of _____________________ County, Georgia, and has acknowledged service of the Complaint and Summons and has waived further service of process.

□ b) Defendant is a resident of _______________ County, _________________ (State) and has signed an ACKNOWLEDGEMENT OF SERVICE AFFIDAVIT OF WAIVER OF VENUE AND PERSONAL JURISDICTION.

 HENRY

□ c) Defendant is a resident of _____________________ County, Georgia and

may be served at his/her residence/work address of:

405 Townsend Bend StockBridge, Ga. 30281

_______________________________________________________________________. □ d) The Defendant is a resident of __________________________ County, Georgia but Defendant and I lived together in _______________________ County at the time we separated, Defendant has only moved from ______________________________ County within the past six months from the date of this filing, and I am a resident of ________________________ County. Defendant shall be served by second original at his/her home/work address of

_______________________________________________________________________. □ e) The Defendant is a resident of Georgia, but his/her whereabouts are unknown to me as shown by my Affidavit of Due Diligence attached hereto and incorporated by reference, marked Exhibit A. The Defendant shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A. § 9-11-4(f)(1). The clerk shall mail a copy of the Notice, Order for Service by Publication, and Petition for Divorce to the last known address of Defendant, which is

_______________________________________________________________________, within 15 days of the filing of the Order for Service by Publication.

□ f) Defendant is not a resident of the State of Georgia, but I am a resident of _________________ County Georgia and (Check 1 or 2)

1.□ The Defendant was formerly a resident of the State of Georgia and presently is a resident of the State of _____________________________. Defendant may be served by a second original pursuant to the Long Arm Statute, O.C.G.A. § 9-10-91(5). Defendant may be served at the

following address: ___________________________________________. 2.□ The Defendant’s whereabouts are unknown to me as shown by my Affidavit of Due Diligence, attached hereto and incorporated by reference,

marked Exhibit A. The Respondent shall be served by publication as is provided by law in the case of those who cannot be found within the State pursuant to O.C.G.A. § 9-10-91(5). The clerk shall mail a copy of the

Notice, Order for Service

Date of Marriage (Check a or b)

 02/14/2021

□ a) Plaintiff and Defendant were lawfully married on _______________________ FAYETTE

____________________________________ in ________________________ County, ____________________________________ (State).

GEORGIA

□ b) Plaintiff and Defendant are common law married, having entered into a common law marriage before January 1 1997 as of

___________________________________________ in ______________________ County, _____________________________ (State).

Note: Common law marriage was abolished in Georgia on January 1, 1997. 4

Date of Separation

□ The Defendant and I separated on ______________________________ and have remained in a bona fide state of separation since that date.

Grounds for Divorce (Check one or more grounds that you can prove) Plaintiff is entitled to a divorce from the Defendant upon the statutory grounds that:



□ The marriage is irretrievably broken and there is no hope of reconciliation, under O.C.G.A. § 19-5-3(13). [This is the no-fault divorce provision.]

□ Cruel Treatment. My spouse committed the following acts of cruel treatment to me such that I am afraid he/she will hurt me in the future:

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ □ Adultery. My spouse has had sexual intercourse outside the marriage.

□ Desertion. On or about _____________________ (date), my spouse, without just cause or reason, intentionally abandoned and deserted me for a period of at least one year as follows:

________________________________________________________________________ 5

□ Intermarriage. My spouse and I are related as follows:

________________________________________________________________________ □ Mental incapacity. I did not have the mental capacity to enter into a marriage when we married because

________________________________________________________________________ ________________________________________________________________________ □ Impotency. My spouse was impotent at the time of our marriage, and I was not aware of this.

□ Force, menace, duress, fraud in obtaining the marriage. I entered this marriage against my will as a result of

_______________________________________________________________________. □ Pregnancy of the wife at the time of the marriage unknown to the husband. I did not know that my spouse was pregnant by another man when we got married. □ Conviction of party for an offense involving moral turpitude. On or about ___________________________, my spouse was sentenced to serve at least two years in the penitentiary for the following:

________________________________________________________________________ □ Habitual intoxication. My spouse is repeatedly intoxicated.

□ My spouse has been adjudged mentally ill by a court of competent jurisdiction. My spouse has been confined in an institution for the mentally ill for a period of at least two years immediately preceding this action. My spouse’s mental illness has been determined to be incurable by competent examiners, and I have attached

a certified statement that it is this person’s opinion that my spouse is hopelessly and incurably mentally ill.



□ Habitual Drug Addiction. My spouse is addicted to drugs as follows: Cocaine, and Marijuana

________________________________________________________________________ ________________________________________________________________________ 6.

Alimony (Check a, b or c)

□ a) I am seeking temporary alimony which will last until the date of the final decree of divorce. I did not engage in adultery, desertion, cruel treatment, or other fault grounds for divorce.

□ b) I am seeking temporary and permanent alimony which will last until I remarry or until my former spouse or I should die. I did not engage in adultery, desertion, cruel treatment, or other fault grounds for divorce.



□ c) I hereby expressly waive alimony for the past, present, and future. 7.

Marital Property (Check a, b or c)



□ a) Defendant and I have no marital property.

□ b) Defendant and I have already divided our marital property to our mutual satisfaction.

□ c) Defendant and I have the following marital property that I have checked, and I am seeking an equitable division of this property.

□ A house located at

_______________________________________________________________________. A notice of Lis Pendens is attached hereto as Exhibit “_______.”

□ Pension(s): Mine _________________ My spouse’s _______________. □ Motor vehicles (list make, model & year):

□ Furniture (list or attach list):

□ Bank accounts and investments (list or attach list)

□ Other:

_________________________________________________________________.

Joint Debts (Check a or b)



□ a) Defendant and I have no joint outstanding debts.

□ b) Defendant and I have the following debts. I have indicated which party should be responsible for each debt. The responsible party will indemnify and hold harmless the non-responsible party for any collection on these obligations.

Creditor Amount Responsible Party

Name Restoration

 LaShanda Faye Brown

□ My former name is ____________________________________________, and I 01/07/1974

request that it be restored to me. Year of birth ________________________________. 10.

Minor Children



□ There are no minor children born of the marriage and my spouse is not now pregnant.

WHEREFORE, Plaintiff respectfully requests:

a) That the parties herein be totally divorced;
b) That the Court grant Plaintiff ownership of the above-requested items of property;
c) That the Plaintiff have such other and further relief as this Court deems equitable and just.

Respectfully submitted, this _____ day of _________________________ , 20____. LaShanda Faye Brown

__________________________________________,

Plaintiff pro se

405 Townsend Bend

__________________________________________

Stockbridge, Ga. 30281

__________________________________________

678-431-4443

__________________________________________

Address & telephone number

HENRY

IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA

LaSHanda Faye Brown

, §

Plaintiff, §

v.Civil Action

Nathaniel Hall

File No.

Defendant. §

SUMMONS

To the above-named defendant:

You are hereby summoned and required to file with the Clerk of said Court and serve LaSHanda Faye Brown

upon , the pro se plaintiff, whose 405 Townsend Bend Stockbridge, Ga. 30281

address is an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

This ______ day of ________________________________, 20_____.

Clerk of Superior Court, County

HENRY

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

LaSHanda Faye Brown

_____________________________,

Plaintiff,

Nathaniel Hall

_____________________________,

)

) Civil Action No. ________________ )

)

Defendant. )

VERIFICATION

Personally appeared before me the undersigned who on oath states that the facts set forth in this Complaint are true and correct to the best of □ his or □ her knowledge and belief.

LaSHanda Faye Brown

___________________________,

Plaintiff pro se

Sworn and subscribed before me

This _____ day of ________________________________, 20_____.

_______________________________________________

Notary Public, State of Georgia

My Commission Expires ___________________________.

HENRY

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

LaSHanda Faye Brown_____________________________,

) )

Plaintiff, ) )

Nathaniel Hall

) Civil Action No. ________________ )

_____________________________, Defendant.

) )

ACKNOWLEDGEMENT OF SERVICE AND SUMMONS

The undersigned Defendant hereby acknowledges service of the above Summons and Complaint for Divorce and states that (s)he has received a copy of said Complaint, and Defendant hereby waives any further service of process.

This the ______ day of _____________________________, 20_____.

Nathaniel Hall

________________________,

Defendant pro se

Sworn to and subscribed before me

This ______ day of ___________________________, 20_____.

________________________________________________,

Notary Public, State of Georgia

My Commission Expires _________________________________.

HENRY

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

LaSHanda Faye Brown _____________________________,

) )

Plaintiff, ) )

Nathaniel Hall

) Civil Action No. ________________ )

_____________________________,

) )

Defendant. )

DEFENDANT’S ACKNOWLEDGEMENT OF SERVICE

AFFIDAVIT OF WAIVER OF VENUE AND PERSONAL JURISDICTION Nathaniel Hall

I, _____________________, the named Defendant in the above-styled case, after HENRY

being duly sworn do hereby depose and say that I am a resident of __________________ GEORGIA

County, ___________________ (State), and that the Plaintiff in the above-styled case is a HENRY

resident of _____________________ County, Georgia. I affirm that I have received a copy of said Petition/Complaint, and I hereby waive any and all further notice, service, and issuance of process.

After being duly informed that I have a constitutional right to a trial by Judge or jury on the above matter in the county of my residence, and with that knowledge, I hereby expressly waive my right to venue in the county of my residence, and consent to venue and personal jurisdiction in the county of this superior court.

This _____ day of __________________________, 20_____.

Nathaniel Hall

____________________________

Affiant

__________________________________________

Notary Public

Sworn to and subscribed before me

this ______day of ____________________________, 20_____.

HENRY

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

LaSHanda Faye Brown _____________________________, Plaintiff,

Nathaniel Hall

_____________________________, Defendant.

)

) Civil Action No. ________________ )

)

CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing COMPLAINT FOR DIVORCE upon the following □ counsel for ____________________________[party]  Nathaniel Hall

OR □ ___________________________[party if no counsel of record] by delivering [or causing to be delivered] by hand a copy of same as follows:

[Name and address of counsel of record, or of parties if no counsel of record.] ________________________________________________________________________ 405 Townsend Bend StockBridge, Ga. 30281

________________________________________________________________________

This ______ day of _______________________________, 20_____.

LaSHanda Faye Brown

_______________________________________

Plaintiff pro se

Address: _______________________________________________________________ _______________________________________________________________________ Telephone Number(s): ____________________________________________________

N/A

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

_____________________________, N/A

) )

Plaintiff, ) )

N/A

) Civil Action No. ________________ )

_____________________________,

) )

Defendant. )

MOTION FOR SERVICE BY PUBLICATION

Comes plaintiff, pursuant to O.C.G.A. § 9-10-71, and moves the court for an order directing that service on the defendant be made by publication upon the grounds that he/she cannot, after due diligence, be found within the state, as more fully appears from the affidavit filed herewith and attached hereto.

N/A

______________________________________

Plaintiff pro se

N/A

Address: _______________________________________________________________

_______________________________________________________________________ N/A

___________________________________________________________ Telephone Numbers

N/A

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

N/A

_____________________________,

) )

Plaintiff, ) )

N/A

) Civil Action No. ________________

_____________________________,

)

) )

Defendant. )

AFFIDAVIT OF DUE DILIGENCE–SERVICE BY

PUBLICATION O.C.G.A. §9-11-4(e)

N/A

Personally appeared ______________________, who, after being duly sworn, states: That the Defendant resides outside the State of Georgia, and his/her last known address is _______________________________________________________________.

–or–

That the Defendant has departed from the State of Georgia or cannot after due diligence be found within the state. The Defendant’s last known address is N/A

________________________________________________________________. –or–

The last known residence of the Defendant was outside the State of Georgia at N/A N/A

__________________________ on ___________________________________, 20____. The Defendant no longer resides at the foregoing address, nor within the State of Georgia, to the best of Affiant’s knowledge, and the present address or whereabouts of the Defendant is unknown to the Affiant.

–or—

The affiant has made a diligent effort to locate defendant by:

_____________________________________________________________________ N/A

And cannot find defendant within this state for the reason that defendant has

concealed himself by:

N/A

_________________________________________________________________________ _________________________________________________________________________

N/A

________________________________________________________________________ ________________________________________________________________________ Affiant has no knowledge as to the present residence or whereabouts of the defendant.

The affiant has made the following efforts to find the Defendant (check all that apply)

□ Checking with the Defendant’s friends and relatives

Names, addresses, and telephone numbers of everyone plaintiff contacted: ________________________________________________________________________ ________________________________________________________________________ N/A

□ Contacting the Defendant’s former landlord

Name, address, & telephone number of former landlord:

________________________________________________________________________ ________________________________________________________________________ N/A

________________________________________________________________________ ________________________________________________________________________

□ Checking telephone information and directories

List which directories you checked:

________________________________________________________________________ ________________________________________________________________________

□ Attempting to have Defendant served at his/her last known address, which is listed

above

N/A

□ Other: ________________________________________________________________

N/A

______________________________________

Plaintiff pro se

Sworn to and subscribed before me

N/A

this ______ day of _________________________________, 20_____. N/A

________________________________________________

Notary Public

N/A

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

N/A

_____________________________,

) )

Plaintiff, ) )

N/A

) Civil Action No. ________________ )

_____________________________,

) )

Defendant. )

ORDER FOR SERVICE BY PUBLICATION

Plaintiff having moved the Court for an order directing service to be made upon defendant _____________________ in the above-styled action by publication of summons,

N/A

and it appearing to the Court from the verified Complaint and Affidavit in support of such motion that defendant is a nonresident and that the action is an action in which a defendant may be served by publication pursuant to O.C.G.A. § 9- 10-71, it is N/A

ORDERED, that service upon _______________ be made by publication as provided by law.

N/A

This ______ day of __________________________________, 20 _____.

N/A

_______________________________________

JUDGE, Superior Courts

Southern Judicial Circuit

Presented by:

N/A

_______________________________________

Plaintiff pro se

N/A

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

N/A

_____________________________,

) )

Plaintiff, ) )

N/A

) Civil Action No. ________________ )

_____________________________,

) )

Defendant. )

NOTICE OF SUMMONS—SERVICE BY PUBLICATION

N/A

TO: __________________________________________, Defendant Named Above: You are hereby notified that the above-styled action seeking

N/AN/A

_____________________________________________________ [state the relief sought] was filed against you in said court on ________________, 20___, and that by reason of an order for service of summons by publication entered by the court on ___________. 20___

N/A

you are hereby commanded and required to file with the clerk of said court and serve upon ___________, plaintiff , whose address is _________________________________,

N/A

an answer to the complaint within sixty (60) days of the date of the order for service by publication. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

N/A

Witness the Honorable _____________________________, Judge of said Court. N/A

This the _____ day of _______________________________, 20 _____.

N/A

_____________________________________

Clerk of Superior Court

N/A

___________________________, County

N/A

IN THE SUPERIOR COURT OF ______________________ COUNTY STATE OF GEORGIA

N/A

_______________________________, )

)

Plaintiff, )

)

) Civil Action No. ________________

N/A

)

_______________________________, )

)

Defendant. )

LIS PENDENS NOTICE

To whom it may concern:

The above-styled case has been filed demanding that the following described real property be awarded to the Plaintiff as alimony or as equitable division of property:

This Lis Pendens notice has been filed and recorded as provided by law. N/A

This _____ day of ________________________________, 20______.

N/A

____________________________________________

Plaintiff pro se

N/A

Address: ___________________________________________________________ ___________________________________________________________________ Telephone Number(s) _________________________________________________ N/A

HENRY

IN THE SUPERIOR COURT OF ________________________ COUNTY STATE OF GEORGIA

LaShanda Faye Brown _____________________________,

) )

Plaintiff, ) )

Nathaniel Hall

) Civil Action No. ________________ )

_____________________________,

) )

Defendant. )

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.

LaShanda Faye Brown

The Court restores to ________________________________ his/her prior or maiden LaShanda Faye Brown 01/07/1974

name, to wit: _____________________________; Year of Birth: __________________. N/A

The Court fixes alimony as follows: ____________________________________. N/A

The Court grants to Plaintiff the following items property:___________________ ________________________________________________________________________ ________________________________________________________________________ The Court divides up the parties debts as follows:

Creditor Amount Responsible Party N/A N/A N/A

N/A N/A N/A

The responsible party will hold harmless the non-responsible party for any collection on these obligations.

Each party is hereby restrained and enjoined from molesting or harassing the other party. SO ORDERED, this ______ day of ______________________________, 20______.

__________________________________________

JUDGE, Superior Courts

Southern Judicial Circuit

REPORT OF DIVORCE, ANNULMENT OR DISSOLUTION OF MARRIAGE ● FORM 3907 (REVISED 12/2016)

PLEASE PRINT OR TYPE ALL INFORMATION LEGIBLY AND CORRECTLY BELOW.

REQUIRED INFORMATION

CIVIL ACTION NUMBER DATE DECREE GRANTED (MONTH, DAY, YEAR) COUNTY DECREE GRANTED FIRST NAME OF PARTY 1 MIDDLE NAME LAST NAME LAST NAME AT BIRTH DATE OF BIRTH (MONTH, DAY, YEAR) COUNTY OF RESIDENCE NUMBER OF THIS MARRIAGE (FIRST, SECOND, ETC.) FIRST NAME OF PARTY 2 MIDDLE NAME LAST NAME LAST NAME AT BIRTH DATE OF BIRTH (MONTH, DAY, YEAR) COUNTY OF RESIDENCE NUMBER OF THIS MARRIAGE (FIRST, SECOND, ETC.) SPECIFY GROUNDS FOR DIVORCE (19-5-3, OCGA) NUMBER OF CHILDREN LESS THAN 18 AFFECTED BY THIS DECREE

This above Report may be reproduced by use of a computer. However, the finished Report must be a close reproduction of the original, and prior review and approval must be obtained from the State Registrar before use. (31-10-7, O.C.G.A.)

31-10-22. Record of divorce, dissolutions, and annulments.

(a) A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this Code section. The record shall be prepared by the petitioner or the petitioner’slegal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases, the completed record shall be a prerequisite to the granting of the final decree.

(b) The clerk of the superior court shall complete and forward to the department on or before the tenth day of each calendar month the records of each divorce, dissolution of marriage, or annulment decree granted during the preceding calendar month.

PLEASE ADDRESS ALL CORRESPONDENCE TO THE ADDRESS BELOW.

STATE OFFICE OF VITAL RECORDS1680 PHOENIX BLVD. SUITE 100, ATLANTA, GA 30349 PHONE 404.679.4702

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CONTESTED DIVORCE—NO CHILDREN

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