Complaint For Divorce With Minor Children

SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA , Plaintiff, vs. Case Number , Defendant. Civil Action COMPLAINT FOR DIVORCE WITH 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 Plaintiff in this action and: [Check only one of the following, either (a) or (b).] G (a) I have been a resident of the State of Georgia for more than six (6) months immediately prior to filing this action. G (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 the Defendant in this action. , and he/she is [Check only one of the following, either (a), (b), (c), (d) or (e). If none of these apply in your case, you must consult a lawyer to find out whether or not you can file your divorce in DeKalb County.] G (a) The Defendant is a resident of DeKalb County and is subject to the jurisdiction of this Court. G (b) The Defendant is a resident of Georgia in County, but the Defendant and I lived together in DeKalb County at the time we separated, I still reside in DeKalb County, and the Defendant has only moved away from DeKalb County within the past six months before the date I am filing this action in court. G (c) The Defendant is a resident of Georgia in County, and I live in DeKalb County. The Defendant has acknowledged service of process and consented to the jurisdiction and venue of this Court. Complaint for Divorce With Minor Children - Approved September 3, 2010 Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society Page 1 of 11 American LegalNet, Inc. www.FormsWorkFlow.com G (d) The Defendant is not a resident of the State of Georgia, but I am a resident of DeKalb County, Georgia, and: [Check only one of the following, either (1), (2), or (3).] G (1) The Defendant was formerly a resident of the State of Georgia and currently resides in the State of . The Defendant is subject to the personal jurisdiction of the Court under Georgia's Long Arm Statute, OCGA § 9-10-91(5). G (2) The Defendant has never resided in the State of Georgia and currently resides in the State of . G (3) The Defendant has acknowledged service of process and consented to the jurisdiction and venue of this Court. G (e) I am a resident of DeKalb County and the Defendant's whereabouts are unknown to me. I have tried to find the Defendant, and I am filing my Affidavit of Due Diligence with this Complaint, explaining what I have done to try to find him/her. 3. Service of Process: The Defendant 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).] G (a) The Defendant has acknowledged service of process. I am filing the Acknowledgment of Service (which has been signed by the Defendant) with this Complaint. G (b) The Defendant may be served by the Sheriff's Department at the Defendant's residence/work address, which is: G (Check only if the Defendant lives outside DeKalb County.) The Defendant resides outside of DeKalb 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 Defendant resides. G (c) The Defendant's whereabouts are unknown to me. I am filing my Affidavit of Due Diligence with this Complaint, explaining what I have done to try to find him/her. The Defendant shall be served by publication as provided under OCGA § 9-114(e)(1) for those who cannot be found within the State of Georgia. Complaint for Divorce With Minor Children - Approved September 3, 2010 Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society Page 2 of 11 American LegalNet, Inc. www.FormsWorkFlow.com To the best of my knowledge, the Defendant's last known address is: 4. Date of Marriage: [Check and complete only one of the following, either (a) or (b).] G (a) The Defendant and I were lawfully married on G (b) The Defendant and I are married by common law because we lived together and held ourselves out as husband and wife as of the following date: , which date was prior to January 1, 1997. 5. Date of Separation: The Defendant 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.] , . G 6. The Defendant and I have both signed a Settlement Agreement and a Parenting Plan Agreement, which we want to be incorporated into the Final Judgment and Decree for Divorce. The Settlement Agreement and the Parenting Plan Agreement have been signed by each of us in front of a notary public, and I am filing both of them with the Court, together with this Complaint. 7. Minor Children: [Check only one of the following, either (a) or (b). If there are no minor children, you may use a different form, which is much shorter. See instructions. If the Wife is pregnant, you should consult a lawyer to find out if this divorce packet is right for you.] G (a) The Defendant and I do not have any minor children together. G (b) The Defendant and I are the parents of Name of child Sex Date of Birth minor children, listed below: Lives with (mother, father, other) Complaint for Divorce With Minor Children - Approved September 3, 2010 Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society Page 3 of 11 American LegalNet, Inc. www.FormsWorkFlow.com 8. Children's Current Residence: The minor children currently live at in following people: . The children have lived at this address since approximately . County, with the 9. Children's Past Residences: During the past five years, the children have lived at the following addresses: Dates at Address Address 10. People With Whom Children Have Lived: During the past five years, the children have lived with the following people: Name of Person Person's Current Address 11. Other Court Cases About Children: [Check only one of the following, either (a) or (b).] G (a) I have never participated as a party or a witness or in any other capacity in any other litigation concerning the custody of or visitation with the minor children in this or any other state. Complaint for Divorce With Minor Children - Approved September 3, 2010 Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society Page 4 of 11 American LegalNet,