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Divorce words you'll hear in Georgia, in plain English
Summary
A Georgia divorce starts when one spouse files a complaint for divorce in Superior Court and the other spouse is served with the papers. The other spouse usually has 30 days to file an answer.
Along the way you may hear about a rule nisi, a temporary hearing, mediation, a settlement agreement and a parenting plan. The case ends with a final judgment and decree of divorce.
Below, each word is explained in a sentence or two, in plain English.
A
- Acknowledgment of service
- A form the other spouse signs, usually in front of a notary, to say they received the divorce papers. It takes the place of having the sheriff or a process server deliver them. Deadlines that run from service, like the 30 days to answer, generally count from when it's signed.
- Alimony
- Money one spouse pays to support the other after separating. It isn't automatic: it depends on one spouse's needs and the other's ability to pay. A spouse can't receive it if the court finds that their adultery or desertion caused the separation.[1]
- Answer
- The written response the other spouse files after being served. It's usually due within 30 days after service.[2]
- Arrears
- Child support or alimony that was ordered but not paid on time.
C
- Child support worksheet
- The form that shows how child support was figured from both parents' incomes. It's attached to the final order. How child support works in Georgia
- Complaint for divorce
- The paper that starts the case. One spouse files it with the Superior Court clerk in the right county. Some people call it a divorce petition.
- Contempt
- When a judge finds that someone willfully didn't follow a court order, such as an order to pay support. The judge can order penalties.
- Contested divorce
- A divorce where the spouses disagree on at least one issue, such as property, support or custody, so a judge may have to decide it.
D
- Discovery
- The part of a case where each side can ask the other for information and documents, such as bank statements. Written questions must be answered under oath.
- Domestic relations financial affidavit
- A sworn form listing income, expenses, property and debts. It's usually required when child support, alimony or dividing property is at issue, and it must be shared at least 5 days before a hearing or mediation.[3]
E
- Equitable division
- How Georgia divides marital property: fairly, which isn't always 50/50. What happens to the house in a Georgia divorce
F
- Final judgment and decree of divorce
- The judge's signed order that ends the marriage. It includes or approves the terms for property, support and custody.
G
- Grounds
- The legal reason for the divorce. Georgia has 13. Most divorces use the no-fault ground that the marriage is irretrievably broken.[4]
- Guardian ad litem
- A person the court appoints to look into what's best for the children and report to the judge. Often called a GAL.
I
- Irretrievably broken
- The no-fault ground for divorce in Georgia. It means the marriage can't be saved. Neither spouse has to prove the other did anything wrong.
J
- Joint custody
- Shared custody. Joint legal custody means both parents share major decisions. Joint physical custody means the child has substantially equal time with both.[5] Custody and parenting plans in Georgia
L
- Legal custody
- The right to make major decisions about a child, such as school and health care. It can be shared or given to one parent.
- Legitimation
- A court case in which a father who wasn't married to the child's mother asks the court to declare him the child's legal father. The judge grants it if it's in the child's best interest.[6]
M
- Marital property
- Property either spouse got during the marriage, no matter whose name is on it, except gifts from other people and inheritances. It's divided in the divorce.
- Mediation
- A meeting where a neutral mediator helps both spouses try to reach an agreement. The mediator doesn't decide anything. Many Georgia courts require it in contested cases. Mediation rules by county
P
- Parenting plan
- A written plan for the children: where they'll be each day, holidays, exchanges, and who makes which decisions. It's required when a court decides permanent custody or changes custody, and a judge may also ask for one before a temporary hearing.[7]
- Parenting seminar
- A class for divorcing parents about how divorce affects children. Many courts require both parents to attend.[8]
- Parenting time
- The time a child spends with each parent under the parenting plan. It's sometimes still called visitation.
- Pauper's affidavit
- A sworn statement that you can't afford court fees, so you can ask to file without paying them.[9]
- Physical custody
- Where the child lives. It can be shared or given mainly to one parent.
- Plaintiff and defendant
- The spouse who files the divorce is the plaintiff, and the other spouse is the defendant. Some county forms say petitioner and respondent instead. These are only labels. Filing first usually doesn't change how property, support or custody is decided.
R
- Rule nisi
- A court order that sets the date and time of a hearing and tells the other side to appear. You'll often see it with a request for a temporary hearing.
S
- Separate property
- Property one spouse owned before the marriage, or received as a gift or inheritance. It generally isn't divided, but it can become partly marital.
- Service
- Formally delivering the divorce papers to the other spouse, usually by the sheriff or a process server, or by the other spouse signing an acknowledgment of service.
- Settlement agreement
- A written agreement between the spouses on property, debts, support and, if there are children, custody. If the judge approves it, it becomes part of the final decree.
- Standing order
- An order many counties issue automatically in every divorce. It applies to the filing spouse when the case is filed and to the other spouse once served. For example, it can bar either spouse from selling property or taking the children out of the court's area without permission. Court rules by county
T
- Temporary hearing
- An early hearing where the judge sets temporary rules while the case goes on, such as custody, child support and who stays in the home.
U
- Uncontested divorce
- A divorce where the spouses agree on everything. It's usually the fastest and least expensive way to divorce. How long a divorce takes in Georgia
Common questions
What is a rule nisi in a Georgia divorce?
A court order that sets the date and time of a hearing and tells the other side to appear, often for a temporary hearing.
What's the difference between a contested and an uncontested divorce?
In an uncontested divorce, the spouses agree on everything. In a contested divorce, they disagree on at least one issue, so a judge may have to decide it.
What is the final decree in a divorce?
The judge's signed final judgment and decree of divorce. It ends the marriage and sets or approves the terms for property, support and custody.
Sources
- ^ O.C.G.A. § 19-6-1, alimony (WomensLaw)
- ^ O.C.G.A. § 9-11-12, time to answer (Justia)
- ^ Uniform Superior Court Rule 24.2, financial affidavit
- ^ O.C.G.A. § 19-5-3, grounds for divorce (FindLaw)
- ^ O.C.G.A. § 19-9-6, custody definitions (FindLaw)
- ^ O.C.G.A. § 19-7-22, legitimation (Justia)
- ^ O.C.G.A. § 19-9-1, parenting plans (Justia)
- ^ Uniform Superior Court Rule 24.8, parenting seminars
- ^ O.C.G.A. § 9-15-2, filing without paying fees (FindLaw)
Laws and court rules change. If something here looks out of date, email help@divorce.city.