IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA COMPLAINT FOR DIVORCE. Plaintiff, [Name], comes before this Court and shows this
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1 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff V. Civil Actin File N Defendant COMPLAINT FOR DIVORCE Plaintiff, [Name], cmes befre this Curt and shws this Curt as fllws: 1. Residence requirement (Chse nly ne: a, b, r c) Plaintiff is a resident f Cunty, Gergia and has been a resident f Gergia fr at least six mnths prir t the filing f this actin. Plaintiff is a resident f Cunty, Gergia and has resided at the military pst fr at least ne year befre filing this petitin. Plaintiff is nt a resident f the State f Gergia, but Plaintiff's spuse has been a resident f the state f Gergia and the cunty f fr at least six ( 6) mnths prir t my filing this actin. 2. Venue (Chse nly ne: a rb)
2 Defendant is a resident f Cunty, Gergia and has acknwledged service f the Cmplaint and Summns and has waived further service f prcess. Defendant is a resident f Cunty, [State] and has signed an ACNKOWLEDGMENT OF SERVICE AFFIFIDA VIT OF W AIYER OF VENUE AND PERSONAL JURISDICTION. 3. Date f Marriage (Chse nly ne: a rb) Plaintiff and Defendant were lawfully married n [Date]. Plaintiff and Defendant are cmmn law married, having entered int a cmmn law marriage befre January 1, 1997 as f [Date]. Nte: Cmmn law marriage was ablished in Gergia n January 1, Date f Separatin The Defendant and I separated n [Date] and have remained in a bna fide state f separatin since that date. 5. Minr Children f the Marriage There are n minr children brn f the marriage and the wife is nt nw pregnant. 6. Grunds fr Divrce Plaintiff is entitled t a divrce upn the statutry grunds that the marriage is irretrievably brken and there is n hpe f recnciliatin, O.C.G.A (13).
3 7. Settlement Agreement The parties have entered int a settlement agreement that reslves all issues as t an equitable divisin f prperty and debts. WHEREFORE, Plaintiff respectfully requests: a) That the parties herein be ttally divrced; b) That the Curt adpt and incrprates the parties' settlement agreement int a final judgment and decree in this matter. c) That the Wife's name be restred t her frmer name, which was: [Name]. d) That the Plaintiff have such ther and further relief as this Curt deems equitable and just. Respectfully submitted, this day f, 20 Plaintiff pr se [Signature/ N Ntary Public needed] Plaintiffs Address
4 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff V. Civil Actin File N. Defendant VERIFICATION Persnally appeared befre me the undersigned wh n ath states that the facts set frth in this Cmplaint are true and crrect t the best f her knwledge and belief. Plaintiff pr se [Sign in presence f Ntary Public] Swrn and subscribed befre me This day f, 20_ Ntary Public, State f Gergia My Cmmissin Expires
5 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff v. Civil Actin File N Defendant DEFENDANT'S ACNKOWLEDGMENT OF SERVICE AFFIDAVIT OF WAIVER OF VENUE AND PERSONAL JURISDICTION. I, [Name], the named Defendant in the abve-styled case, after being duly swrn d hereby depse and say that I am a resident f Cunty, [State], and that the Plaintiff in the abvestyled case is a resident f Cunty, Gergia. I affirm that I have received a cpy f said Petitin/Cmplaint, and I hereby waive any and all further ntice, service, and issuance f prcess. After being duly infrmed that I have a cnstitutinal right t a trial by judge r jury n the abve matter in the cunty f my residence, and with that knwledge, I hereby expressly waive my right t venue in the cunty f my residence, and cnsent t venue and persnal jurisdictin in the cunty f this superir curt.
6 This day f, 20_ Defendant Affiant [Sign in presence f Ntary Public] Ntary Public Swrn t subscribed befre me This day f, 20_
7 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff v. Civil Actin File N Defendant CONSENT TO TRIAL 31 DAYS AFTER SERVICE AND WAIVER OF RIGHT TO TRIAL BY JURY Bth f the abve parties, as indicated by their signatures belw, waive their right t trial by jury and cnsent t the hearing and granting f a divrce in this actin any time thirty-ne (31) days after the filing f the acknwledgment f service r after service having been perfected. Plaintiff prse Swrn t and subscribed befre me This day f, 20_ Ntary Public, State f Gergia My Cmmissin Expires
8 Defendant pr se Swrn t and subscribed befre me This day f, 20_ Ntary Public, State f Gergia My Cmmissin Expires
9 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff v. Civil Actin File N Defendant SETTLEMENT AGREEMENT This is an agreement by and between (hereinafter referred t as "Wife") and (hereinafter referred t as "Husband"). WHEREAS, the parties are married but are currently living in a bna fide state f separatin; WHEREAS, the parties desire t settle between themselves all questins f divisin f prperty, alimny, and all ther rights and bligatins arising ut f their marital relatinship. NOW THEREFORE, in cnsideratin f the mutual cvenants hereinafter cntained, the parties agree t as fllws. 1. Separatin The parties shall cntinue t live separate and apart and each shall be free frm Interference, mlestatin, authrity and cntrl, direct r indirect, by the ther as fully as if sle and unmarried, and each may reside at such place r places as he r she may select. 2.
10 a) Alimny (Chse nly ne; a rb) The Husband/Wife shall pay t the Husband/Wife as alimny the sum f $ per week/mnth t be paid beginning n [Date] and t cntinue thereafter until the Husband/Wife remarries r dies. 0 b) The parties hereby expressly waive alimny fr the past, present and future. 3. Divisin f Prperty (Chse nly ne: a rb) a) The parties have n marital prperty subject t equitable divisin. 0 b) The parties have previusly divided their marital prperty t their mutual satisfactin. c) The parties acknwledge that they pssess varius items f jintly wned prperty, which shall be divided as fllws. 1) T the Wife: 2) T the Husband: 4. Divisin f Debts (Chse nly ne: a rb) a) The parties acknwledge that they have n utstanding jint debts. 0 b) The parties agree t the divisin f debts as indicated belw:
11 Creditr Amunt Respnsible Party The respnsible party indemnifies and hlds harmless the nn-respnsible party fr any cllectin n these bligatins. 5. Name Restratin The parties request that the wife's name be restred t [frmer name]. 6. Binding Agreement The parties acknwledge that they have entered int this Agreement freely and vluntarily and that it is nt the result f any duress r any undue influence. This Agreement cnstitutes the entire understanding f the parties. There are n representatins, warranties, cvenants, r undertakings ther than thse expressly set frth herein. 7. Agreement enfrceable with r withut divrce It is expressly understd that this Agreement des nt bligate the parties t cntinue t live in a state f separatin r t prceed with an actin fr divrce. Hwever, in the event that either party shall bring r maintain an actin fr disslutin f the marital relatinship, this Agreement shall be presented t the curt and incrprated by reference int any judgment r decree cncerning the matters prvided herein. Ntwithstanding such incrpratin, this Agreement shall survived and be enfrceable independently f the judgment r decree.
12 This Agreement is entered int this the day f, 20 Plaintiff pr se Swrn t and subscribed befre me This day f., 20_ Ntary Public, State f Gergia My Cmmissin Expires Defendant pr se Swrn t and subscribed befre me This day f, 20_ Ntary Public, State f Gergia My Cmmissin Expires
13 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff V. Civil Actin File N Defendant MOTION FOR JUDGMENT ON PLEADINGS Cmes nw [Name] Plaintiff in the abve styled actin, and files this Mtin fr Judgment n Pleadings in the abve styled case as fllws: The Cmplaint in the abve-styled case was filed n [Date]. The Defendant was served r Acknwledged Service n [Date] A Settlement Agreement was entered int between the parties and was filed n [Date]. 3. WHEREFORE, there being n cntested issues f law r fact, the Plaintiff mves this Curt fr a Judgment n the Pleadings in the abve-styled case. Respectfully submitted, Plaintiff pr se
14 IN THE SUPERIOR COURT OF CARROLL COUNTY STATE OF GEORGIA Plaintiff V. Civil Actin File N Defendant FINAL JUDGMENT AND DECREE Upn cnsideratin f this case, upn evidence submitted as prvided by law, it is the judgment f the Curt that a ttal divrce be granted, that is t say, a divrce a vincul matrimnii, between the parties t the abve stated case upn legal principles. It is cnsidered, rdered, and decreed by the Curt that the marriage cntract heretfre entered int between the parties t this case, frm and after this date, be and is set aside and is disslved as fully and effectually as if n such cntract had ever been made r entered int. Petitiner and Respndent in the future shall be held and cnsidered as separate and distinct persns altgether uncnnected by any nuptial unin r civil cntract whatsever and bth shall have the right t remarry. The Curt restres t [Party] her maiden name, t wit: The settlement agreement entered int between the parties and filed with the curt n the day f, 20, is hereby incrprated int and made a part f this --- Final Judgment and Decree f Divrce. Each party is hereby restrained and enjined frm mlesting r harassing the ther party. SO ORDERED this day f, 20 JUDGE, Carrll Cunty Superir Curt Cweta Judicial Circuit
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