A
amumaugh
Guest
Here is a copy of the divorce papers I wrote up. I believe they are complete and would appreciate any feedback. The names and addresses have been changed. They look a little "off" because the MS Word formatting was lost. Thank you all very much for your help.
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
SUMMONS
TO THE ABOVE NAMED RESPONDENT:
You are hereby summoned and required to file with the clerk of said Court and serve upon the Petitioner, whose name and address is:
JOHN DOE
12345 my street
mytown, GA 00000
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, judgement by default will be taken against you for the relief demanded in this complaint.
This______day of _____________, 2000
Clerk of Superior Court
By_______________________
Clerk
To the Respondent upon whom this petition is served:
This copy of complaint and summons was served upon you on _________________, 2000
_______________________________
Deputy Sheriff
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
PETITION FOR DIVORCE
COMES NOW Petitioner, JOHN DOE, and files this Petition for Divorce against the Respondent, JANE DOE, and respectfully shows the Court the following:
1.
Petitioner brings this Complaint for Divorce on the ground that the marriage is irretrievably broken.
2.
Petitioner is a resident of COBB County, Georgia, and has been a resident of the State of Georgia for over six months immediately preceding the filing of this Complaint. Petitioner is voluntarily submitted to the jurisdiction of this Court with the filing of this Complaint.
3.
Respondent is a resident of Cherokee County, Georgia, and has been a resident of the State of Georgia for over six months immediately preceding the filing of this Complaint. She has acknowledged service of process and expressly waived venue in this case to Cobb County Superior Court, and consents to the jurisdiction of this Court.
4.
Petitioner and Respondent are husband and wife, having been married on or about January 1, 1998. Since June 1, 2000 they have been living in a bona fide state of separation with no reasonable hope of reconciliation.
5.
Petitioner and Respondent have no common property. All personal property in the Petitioner’s possession shall be deemed the sole property of the Petitioner. All personal property in the possession of the Respondent shall be deemed the sole property of the Respondent.
6.
There are no joint debts between the parties.
7.
There is one child of issue from this marriage, Baby Jane Doe, born 9-2-98, age two (2) years.
WHEREFORE, Petitioner prays:
a) That Petitioner be awarded a divorce from the Respondent.
b) That Petitioner be awarded joint custody of the minor child.
3) That Petitioner be awarded open and liberal visitation of the minor child.
4) That the Settlement Agreement attached to this petition be made the Order of this Court, and,
5) That Petitioner have such other and further relief as the Court deems fair and reasonable.
Respectfully Submitted,
_________________________________
Petitioner
JOHN DOE
12345 my street
mytown, mystate 00000
(123) 555-5555
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
VERIFICATION
Personally appeared: JOHN DOE, Petitioner in the above captioned matter, and who, after being duly sworn, states that the facts alleged in the foregoing complaint for Divorce are true.
________________________________
JOHN DOE Petitioner
Subscribed and sworn to before me
this _____day of ___________, 2000.
_____________________________
Notary Public
_____________________________
My Commission Expires:
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
ACKNOWLEDGMENT OF SERVICE
The undersigned Respondent hereby acknowledges service of the above Petition for Divorce, and states that he has received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process.
WAIVER OF VENUE — RESPONDENT’S AFFIDAVIT
I, Jane Doe am the named Respondent in the above-styled case, which is a petition for Divorce. After being duly sworn, I state the following:
1. I am a resident of Cherokee County, Georgia, and that Petitioner is a resident of Cobb County, Georgia. My address is 12345 mystreet, mytown, GA 00000.
2. I have been informed that I have a constitutional right to a trial by judge or jury in the
county of my residence, and that I expressly waive my right to venue in the county of my residence, and consent to venue and personal jurisdiction in Cobb County Superior Court.
This ___ day of ________________, 2000
_____________________________
JANE DOE
12345 my street
mytown, mystate 00000
(123) 555-5555
Subscribed and sworn to before me
this ____day of ______________, 2000
________________________________
Notary Public
My Commission Expires: ________________________________
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
CONSENT TO TRIAL
The undersigned Petitioner and Respondent consent to a trial of the above-styled case before the Court without a jury at any time after the appearance day.
________________________________
JOHN DOE
Petitioner,
Subscribed and sworn to before me
this ____day of ______________, 2000
________________________________
Notary Public
________________________________
My Commission Expires:
____________________________
JANE DOE
Respondent,
Subscribed and sworn to before me
this ____day of ______________, 2000
________________________________
Notary Public
_______________________________
My Commission Expires:
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE CIVIL ACTION
Respondent. NO.____________________
SETTLEMENT AGREEMENT
This Agreement is made and entered into by and between Petitioner and Respondent.
WITNESSETH
WHEREAS, the parties hereto are Husband and Wife, having gotten married on January 1, 1998; and
WHEREAS, the parties hereto have lived in a bonafide state of separation since on or about June 1, 2000; and
WHEREAS, without agreeing in any sense to a divorce, said parties hereto desire to settle between themselves certain issues, including alimony, and the division of property between them;
NOW THEREFORE, the said parties hereto, for and in consideration of the promises and recitals herein contained, do mutually agree and promise as follows:
1. CHILD CUSTODY AND VISITATION
The parties shall share joint legal custody of the minor child being issue of this marriage. Respondent shall have temporary and permanent custody and control of the minor child being issue of this marriage, and shall be denominated as the “Primary Custodial Parent.” Petitioner shall be denominated as the “Secondary Custodial Parent”, and shall have the right of open and liberal visitation with said child at times and places to be agreed upon by the parties, unless more specific visitation provisions are set forth in this Agreement.
2. ACCESS AND DECISIONS
The parties agree that the Secondary Custodial Parent shall be entitled to equal access to all teachers, schools, counselors, psychologists, physicians, and dentists of said child and agree further that the Primary Custodial Parent shall provide the Secondary Custodial Parent with copies of the child's report cards, and progress reports as received. Although the Secondary Custodial Parent shall have a voice in all major decisions concerning the child’s education and upbringing, the Primary Custodial Parent shall have the ultimate right and responsibility to decide substantial issues including but not limited to where said child will live and what schools will be attended. In the event of any disagreement regarding same, the Primary Custodial Parent's decisions shall prevail.
3. COMMUNICATIONS WITH THE CHILD
The parties mutually agree that it is of great importance that the child of the parties be taught and encouraged to love and respect both of their parents. The parties therefore covenant that neither will make derogatory remarks about the other in the presence of the child; that each will notify the other of any illness of the child; that each shall cooperate and work together to encourage and assist the child in attaining the highest possible educational levels and achievements; and that the parties will work with one another towards helping the child overcome any problems that may arise in the child’s lives.
4. CHILD SUPPORT
The Secondary Custodial Parent shall pay to the Primary Custodial Parent the sum of $168.08 weekly, from the date of the Agreement until the minor child has attained the age of
eighteen, died, married or become self supporting. This payment shall be made directly to the Primary Custodial Parent in equal amounts every week and both parties specifically waive their right to an Income Deduction Order entered by the Court in this matter.
In determining child support, the parties have considered the following:
The gross income of the father is $3,166.80 dollars monthly.
At this time the mother is not working.
In this case, child support is being determined for one child.
The applicable percentage of gross income to be considered is 17 to 23 percent.
The parties have considered the existence of special circumstances and has found the following special circumstances marked with an "X" to be present in this case:
______ 1. Age of child.
______ 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available.
______ 3. Educational costs.
______ 4. Day-care costs.
______ 5. Shared physical custody arrangements, including extended visitation.
______ 6. A party's other support obligations to another household.
______ 7. Income that should be imputed to a party because of suppression of income.
______ 8. In-kind income for the self-employed, such as reimbursed meals or a company car.
______ 9. Other support a party is providing or will be providing such as payment of mortgage.
______ 10. A party's own extraordinary needs, such as medical expenses.
______ 11. Extreme economic circumstances, including but not limited to unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.
______ 12. Historical spending in the family for child which varies significantly from the percentage table.
______ 13. Consideration of economic cost of living factors of the community of each party, as determined by the trier of fact.
______ 14. In-kind contribution of either parent.
______ 15. The income of the custodial parent.
______ 16. The cost of accident and sickness insurance coverage for the dependent child included in the order.
______ 17. Extraordinary travel expenses to exercise visitation or shared physical custody.
______ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below:_____________________________________________
______________________________________________________________________________
Having found that no special circumstances exist, the parties agree for John Doe to pay to Jane Doe child support for the minor child in the amount of $168.08 weekly, beginning immediately, and payable thereafter until the child reach the age of 18, die, marry or become self-supporting. In the event that the child of the parties shall reach the age of eighteen (18) years prior to completing his/her high school education, the periodic support for said child shall not terminate but shall continue through the month during which said child shall graduate from high school; provided, however, that in no event shall the support obligation extend past the child’s twentieth birthday.
Whenever in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support.
5. ALIMONY
As for Alimony, JOHN DOE, agrees to pay JANE DOE 5% of his gross income, which is $36.54 per week, for a period of 3 years. These payments will stop as of December 31, 2003.
6. DIVISION OF PROPERTY
All property which the parties presently own jointly or severally, whether real, personal or mixed, and of whatever kind or nature and wheresoever situated, and all property in which either
has any interest has been previously divided and the property belonging to each is in his or her possession and control.
7. INSURANCE
The parties agree that the Secondary Parent will provide medical, dental and health insurance for the minor child. Any disposition of any other life insurance policies currently in force shall be at the sole discretion of the owner of said policy.
8. SEPARATE RIGHTS
The parties shall continue to live separate and apart and each shall be free from the interference, dominion and control, direct and indirect, by the other, as fully as if sole and unmarried.
9. DEBTS
The parties agree to each to pay their own outstanding personal and individual debts, including tax debts, with neither paying debts acquired by the other.
10. TAXES
The parties agree to file individual tax returns and to be individually responsible for their own tax liabilities from this point forward. The parties agree that the Secondary Custodial Parent will claim the minor child for federal and states income tax purposes.
11. KNOWLEDGE OF CONTENTS
Each party expressly acknowledges that he or she has read this Agreement in its entirety prior to the execution thereof, and that he or she understand the provisions thereof, and that each executes the Agreement as his or her voluntary act, and that there are no agreements or promises between the parties hereunto except as herein set forth. Both parties consent to this Agreement
being made part of the Final Judgment and Decree of the Court in the divorce action to be filed in the Superior Court of this County, if said divorce is granted by the Court.
12. MODIFICATION
No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent violations of the same or similar provisions.
13. FULL SETTLEMENT
This Agreement shall constitute a full and final settlement of all claims of any nature between the parties hereto.
14. AGREEMENT TO TRY
The parties agree that the divorce action filed in conjunction with this Agreement may be tried at any time after thirty-one days from the date of service of the Petition for Divorce.
15. EFFECTIVE DATE
This Agreement shall become effective on the date of the execution hereof by the parties hereto.
16. ENFORCEMENT
Each of the parties hereto shall strictly obey and abide by each and every term and provision of this Agreement. Upon this Agreement's being incorporated in any Order of any Court, and in the event then of any breach of this Agreement, the offending party shall be subject to the attachment for contempt and garnishment of any alimony or child support award.
17. WAIVER OF DISCOVERY
Each party acknowledges their right to discovery as provided by the Georgia Civil Practice Act and desires not to proceed with discovery.
18. ATTORNEYS
The parties agree that each shall be responsible for their own incurred attorneys' fees and neither shall have any responsibility with respect to fees incurred by the other. Each party has either had this Agreement carefully explained to them by counsel, or has explicitly chosen not to avail themselves of that right despite the opportunity and encouragement to do so.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals this ______ day of _________________, 20___.
______________________________
JOHN DOE, Petitioner
Sworn to and subscribed before me,
this _____ day of ___________________, 20___.
__________________________________
NOTARY PUBLIC
My Commission Expires:
_____________________________
______________________________
JANE DOE, Respondent
Sworn to and subscribed before me,
this _____ day of ___________________, 20___.
__________________________________
NOTARY PUBLIC
My Commission Expires:
_____________________________
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
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 vinculo matrimonii, between the parties to the above stated case, upon legal principles.
It is HEREBY CONSIDERED, ORDERED AND DECREED by the Court that the marriage contract heretofore entered into between the parties to this case, from 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.
Each of the parties is hereby awarded title to that personal property presently in his or her own possession and each shall be responsible for his or her own respective debts.
The Settlement Agreement entered into between the parties and filed with the court on _______________________ is hereby incorporated into and made a part of this Final Judgement and Decree.
In determining child support, the court finds as follows:
The gross income of the father is $3,166.80 dollars monthly.
The mother is currently unemployed.
In this case, child support is being determined for one child.
The applicable percentage of gross income to be considered is:
# of children Percentage Range of Gross Income
1 17% to 23%
Thus 23.00 percent of $3,166.80 (gross income of obligor) equals $168.08 dollars weekly.
The Court has considered the existence of special circumstances and has found the following special circumstances marked with an "X" to be present in this case:
______ 1. Ages of children.
______ 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if not insurance is available.
______ 3. Educational costs.
______ 4. Day-care costs.
______ 5. Shared physical custody arrangements, including extended visitation.
______ 6. A party's other support obligations to another household.
______ 7. Income that should be imputed to a party because of suppression of income.
______ 8. In-kind income for the self-employed, such as reimbursed meals or a company car.
______ 9. Other support a party is providing or will be providing such as payment of mortgage.
______ 10. A party's own extraordinary needs, such as medical expenses.
______ 11. Extreme economic circumstances, including but not limited to unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.
______ 12. Historical spending in the family for children which varies significantly from the percentage table.
______ 13. Consideration of economic cost of living factors of the community of each party, as determined by the trier of fact.
______ 14. In-kind contribution of either parent.
______ 15. The income of the custodial parent.
______ 16. The cost of accident and sickness insurance coverage for the dependent children included in this order.
______ 17. Extraordinary travel expenses to exercise visitation or shared physical custody.
______ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below:____________________________________.
Having found that no special circumstances exists, the final award of child support which Plaintiff shall pay to Defendant for support of the child is $168.08 weekly, beginning on the
day of ________________, 20___ and payable thereafter in equal amounts every week.
Plaintiff shall continue to pay child support for the benefit of the child of the parties until such child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall not continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Plaintiff is ordered to provide accident and sickness insurance for the child so long as Plaintiff is obligated by this order to provide child support for such child.
In accordance with O.C.G.A.'19-6-32(a.1), no Alimony and Support Unit and Income Deduction orders are entered because “Both partieshave reached(a) written agreement which provides for an alternative arrangement.” O.C.G.A.'19-6-32(a.1)(B)(Supp.1994).
Whenever in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support. O.C.G.A. ' 19-6-30 (a) (Supp.1994).
SO ORDERED AND ADJUDGED, this _____ day of __________________, 20___.
_____________________________
Judge, COBB Superior Court
COBB Judicial Circuit
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
SUMMONS
TO THE ABOVE NAMED RESPONDENT:
You are hereby summoned and required to file with the clerk of said Court and serve upon the Petitioner, whose name and address is:
JOHN DOE
12345 my street
mytown, GA 00000
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, judgement by default will be taken against you for the relief demanded in this complaint.
This______day of _____________, 2000
Clerk of Superior Court
By_______________________
Clerk
To the Respondent upon whom this petition is served:
This copy of complaint and summons was served upon you on _________________, 2000
_______________________________
Deputy Sheriff
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
PETITION FOR DIVORCE
COMES NOW Petitioner, JOHN DOE, and files this Petition for Divorce against the Respondent, JANE DOE, and respectfully shows the Court the following:
1.
Petitioner brings this Complaint for Divorce on the ground that the marriage is irretrievably broken.
2.
Petitioner is a resident of COBB County, Georgia, and has been a resident of the State of Georgia for over six months immediately preceding the filing of this Complaint. Petitioner is voluntarily submitted to the jurisdiction of this Court with the filing of this Complaint.
3.
Respondent is a resident of Cherokee County, Georgia, and has been a resident of the State of Georgia for over six months immediately preceding the filing of this Complaint. She has acknowledged service of process and expressly waived venue in this case to Cobb County Superior Court, and consents to the jurisdiction of this Court.
4.
Petitioner and Respondent are husband and wife, having been married on or about January 1, 1998. Since June 1, 2000 they have been living in a bona fide state of separation with no reasonable hope of reconciliation.
5.
Petitioner and Respondent have no common property. All personal property in the Petitioner’s possession shall be deemed the sole property of the Petitioner. All personal property in the possession of the Respondent shall be deemed the sole property of the Respondent.
6.
There are no joint debts between the parties.
7.
There is one child of issue from this marriage, Baby Jane Doe, born 9-2-98, age two (2) years.
WHEREFORE, Petitioner prays:
a) That Petitioner be awarded a divorce from the Respondent.
b) That Petitioner be awarded joint custody of the minor child.
3) That Petitioner be awarded open and liberal visitation of the minor child.
4) That the Settlement Agreement attached to this petition be made the Order of this Court, and,
5) That Petitioner have such other and further relief as the Court deems fair and reasonable.
Respectfully Submitted,
_________________________________
Petitioner
JOHN DOE
12345 my street
mytown, mystate 00000
(123) 555-5555
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
VERIFICATION
Personally appeared: JOHN DOE, Petitioner in the above captioned matter, and who, after being duly sworn, states that the facts alleged in the foregoing complaint for Divorce are true.
________________________________
JOHN DOE Petitioner
Subscribed and sworn to before me
this _____day of ___________, 2000.
_____________________________
Notary Public
_____________________________
My Commission Expires:
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
ACKNOWLEDGMENT OF SERVICE
The undersigned Respondent hereby acknowledges service of the above Petition for Divorce, and states that he has received a copy of said Petition, and Respondent hereby waives any and all further notice, service, and issuance of process.
WAIVER OF VENUE — RESPONDENT’S AFFIDAVIT
I, Jane Doe am the named Respondent in the above-styled case, which is a petition for Divorce. After being duly sworn, I state the following:
1. I am a resident of Cherokee County, Georgia, and that Petitioner is a resident of Cobb County, Georgia. My address is 12345 mystreet, mytown, GA 00000.
2. I have been informed that I have a constitutional right to a trial by judge or jury in the
county of my residence, and that I expressly waive my right to venue in the county of my residence, and consent to venue and personal jurisdiction in Cobb County Superior Court.
This ___ day of ________________, 2000
_____________________________
JANE DOE
12345 my street
mytown, mystate 00000
(123) 555-5555
Subscribed and sworn to before me
this ____day of ______________, 2000
________________________________
Notary Public
My Commission Expires: ________________________________
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
CONSENT TO TRIAL
The undersigned Petitioner and Respondent consent to a trial of the above-styled case before the Court without a jury at any time after the appearance day.
________________________________
JOHN DOE
Petitioner,
Subscribed and sworn to before me
this ____day of ______________, 2000
________________________________
Notary Public
________________________________
My Commission Expires:
____________________________
JANE DOE
Respondent,
Subscribed and sworn to before me
this ____day of ______________, 2000
________________________________
Notary Public
_______________________________
My Commission Expires:
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE CIVIL ACTION
Respondent. NO.____________________
SETTLEMENT AGREEMENT
This Agreement is made and entered into by and between Petitioner and Respondent.
WITNESSETH
WHEREAS, the parties hereto are Husband and Wife, having gotten married on January 1, 1998; and
WHEREAS, the parties hereto have lived in a bonafide state of separation since on or about June 1, 2000; and
WHEREAS, without agreeing in any sense to a divorce, said parties hereto desire to settle between themselves certain issues, including alimony, and the division of property between them;
NOW THEREFORE, the said parties hereto, for and in consideration of the promises and recitals herein contained, do mutually agree and promise as follows:
1. CHILD CUSTODY AND VISITATION
The parties shall share joint legal custody of the minor child being issue of this marriage. Respondent shall have temporary and permanent custody and control of the minor child being issue of this marriage, and shall be denominated as the “Primary Custodial Parent.” Petitioner shall be denominated as the “Secondary Custodial Parent”, and shall have the right of open and liberal visitation with said child at times and places to be agreed upon by the parties, unless more specific visitation provisions are set forth in this Agreement.
2. ACCESS AND DECISIONS
The parties agree that the Secondary Custodial Parent shall be entitled to equal access to all teachers, schools, counselors, psychologists, physicians, and dentists of said child and agree further that the Primary Custodial Parent shall provide the Secondary Custodial Parent with copies of the child's report cards, and progress reports as received. Although the Secondary Custodial Parent shall have a voice in all major decisions concerning the child’s education and upbringing, the Primary Custodial Parent shall have the ultimate right and responsibility to decide substantial issues including but not limited to where said child will live and what schools will be attended. In the event of any disagreement regarding same, the Primary Custodial Parent's decisions shall prevail.
3. COMMUNICATIONS WITH THE CHILD
The parties mutually agree that it is of great importance that the child of the parties be taught and encouraged to love and respect both of their parents. The parties therefore covenant that neither will make derogatory remarks about the other in the presence of the child; that each will notify the other of any illness of the child; that each shall cooperate and work together to encourage and assist the child in attaining the highest possible educational levels and achievements; and that the parties will work with one another towards helping the child overcome any problems that may arise in the child’s lives.
4. CHILD SUPPORT
The Secondary Custodial Parent shall pay to the Primary Custodial Parent the sum of $168.08 weekly, from the date of the Agreement until the minor child has attained the age of
eighteen, died, married or become self supporting. This payment shall be made directly to the Primary Custodial Parent in equal amounts every week and both parties specifically waive their right to an Income Deduction Order entered by the Court in this matter.
In determining child support, the parties have considered the following:
The gross income of the father is $3,166.80 dollars monthly.
At this time the mother is not working.
In this case, child support is being determined for one child.
The applicable percentage of gross income to be considered is 17 to 23 percent.
The parties have considered the existence of special circumstances and has found the following special circumstances marked with an "X" to be present in this case:
______ 1. Age of child.
______ 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available.
______ 3. Educational costs.
______ 4. Day-care costs.
______ 5. Shared physical custody arrangements, including extended visitation.
______ 6. A party's other support obligations to another household.
______ 7. Income that should be imputed to a party because of suppression of income.
______ 8. In-kind income for the self-employed, such as reimbursed meals or a company car.
______ 9. Other support a party is providing or will be providing such as payment of mortgage.
______ 10. A party's own extraordinary needs, such as medical expenses.
______ 11. Extreme economic circumstances, including but not limited to unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.
______ 12. Historical spending in the family for child which varies significantly from the percentage table.
______ 13. Consideration of economic cost of living factors of the community of each party, as determined by the trier of fact.
______ 14. In-kind contribution of either parent.
______ 15. The income of the custodial parent.
______ 16. The cost of accident and sickness insurance coverage for the dependent child included in the order.
______ 17. Extraordinary travel expenses to exercise visitation or shared physical custody.
______ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below:_____________________________________________
______________________________________________________________________________
Having found that no special circumstances exist, the parties agree for John Doe to pay to Jane Doe child support for the minor child in the amount of $168.08 weekly, beginning immediately, and payable thereafter until the child reach the age of 18, die, marry or become self-supporting. In the event that the child of the parties shall reach the age of eighteen (18) years prior to completing his/her high school education, the periodic support for said child shall not terminate but shall continue through the month during which said child shall graduate from high school; provided, however, that in no event shall the support obligation extend past the child’s twentieth birthday.
Whenever in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support.
5. ALIMONY
As for Alimony, JOHN DOE, agrees to pay JANE DOE 5% of his gross income, which is $36.54 per week, for a period of 3 years. These payments will stop as of December 31, 2003.
6. DIVISION OF PROPERTY
All property which the parties presently own jointly or severally, whether real, personal or mixed, and of whatever kind or nature and wheresoever situated, and all property in which either
has any interest has been previously divided and the property belonging to each is in his or her possession and control.
7. INSURANCE
The parties agree that the Secondary Parent will provide medical, dental and health insurance for the minor child. Any disposition of any other life insurance policies currently in force shall be at the sole discretion of the owner of said policy.
8. SEPARATE RIGHTS
The parties shall continue to live separate and apart and each shall be free from the interference, dominion and control, direct and indirect, by the other, as fully as if sole and unmarried.
9. DEBTS
The parties agree to each to pay their own outstanding personal and individual debts, including tax debts, with neither paying debts acquired by the other.
10. TAXES
The parties agree to file individual tax returns and to be individually responsible for their own tax liabilities from this point forward. The parties agree that the Secondary Custodial Parent will claim the minor child for federal and states income tax purposes.
11. KNOWLEDGE OF CONTENTS
Each party expressly acknowledges that he or she has read this Agreement in its entirety prior to the execution thereof, and that he or she understand the provisions thereof, and that each executes the Agreement as his or her voluntary act, and that there are no agreements or promises between the parties hereunto except as herein set forth. Both parties consent to this Agreement
being made part of the Final Judgment and Decree of the Court in the divorce action to be filed in the Superior Court of this County, if said divorce is granted by the Court.
12. MODIFICATION
No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent violations of the same or similar provisions.
13. FULL SETTLEMENT
This Agreement shall constitute a full and final settlement of all claims of any nature between the parties hereto.
14. AGREEMENT TO TRY
The parties agree that the divorce action filed in conjunction with this Agreement may be tried at any time after thirty-one days from the date of service of the Petition for Divorce.
15. EFFECTIVE DATE
This Agreement shall become effective on the date of the execution hereof by the parties hereto.
16. ENFORCEMENT
Each of the parties hereto shall strictly obey and abide by each and every term and provision of this Agreement. Upon this Agreement's being incorporated in any Order of any Court, and in the event then of any breach of this Agreement, the offending party shall be subject to the attachment for contempt and garnishment of any alimony or child support award.
17. WAIVER OF DISCOVERY
Each party acknowledges their right to discovery as provided by the Georgia Civil Practice Act and desires not to proceed with discovery.
18. ATTORNEYS
The parties agree that each shall be responsible for their own incurred attorneys' fees and neither shall have any responsibility with respect to fees incurred by the other. Each party has either had this Agreement carefully explained to them by counsel, or has explicitly chosen not to avail themselves of that right despite the opportunity and encouragement to do so.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals this ______ day of _________________, 20___.
______________________________
JOHN DOE, Petitioner
Sworn to and subscribed before me,
this _____ day of ___________________, 20___.
__________________________________
NOTARY PUBLIC
My Commission Expires:
_____________________________
______________________________
JANE DOE, Respondent
Sworn to and subscribed before me,
this _____ day of ___________________, 20___.
__________________________________
NOTARY PUBLIC
My Commission Expires:
_____________________________
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
PRO SE
JOHN DOE,
Petitioner,
vs.
JANE DOE, CIVIL ACTION
Respondent. NO.____________________
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 vinculo matrimonii, between the parties to the above stated case, upon legal principles.
It is HEREBY CONSIDERED, ORDERED AND DECREED by the Court that the marriage contract heretofore entered into between the parties to this case, from 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.
Each of the parties is hereby awarded title to that personal property presently in his or her own possession and each shall be responsible for his or her own respective debts.
The Settlement Agreement entered into between the parties and filed with the court on _______________________ is hereby incorporated into and made a part of this Final Judgement and Decree.
In determining child support, the court finds as follows:
The gross income of the father is $3,166.80 dollars monthly.
The mother is currently unemployed.
In this case, child support is being determined for one child.
The applicable percentage of gross income to be considered is:
# of children Percentage Range of Gross Income
1 17% to 23%
Thus 23.00 percent of $3,166.80 (gross income of obligor) equals $168.08 dollars weekly.
The Court has considered the existence of special circumstances and has found the following special circumstances marked with an "X" to be present in this case:
______ 1. Ages of children.
______ 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if not insurance is available.
______ 3. Educational costs.
______ 4. Day-care costs.
______ 5. Shared physical custody arrangements, including extended visitation.
______ 6. A party's other support obligations to another household.
______ 7. Income that should be imputed to a party because of suppression of income.
______ 8. In-kind income for the self-employed, such as reimbursed meals or a company car.
______ 9. Other support a party is providing or will be providing such as payment of mortgage.
______ 10. A party's own extraordinary needs, such as medical expenses.
______ 11. Extreme economic circumstances, including but not limited to unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.
______ 12. Historical spending in the family for children which varies significantly from the percentage table.
______ 13. Consideration of economic cost of living factors of the community of each party, as determined by the trier of fact.
______ 14. In-kind contribution of either parent.
______ 15. The income of the custodial parent.
______ 16. The cost of accident and sickness insurance coverage for the dependent children included in this order.
______ 17. Extraordinary travel expenses to exercise visitation or shared physical custody.
______ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below:____________________________________.
Having found that no special circumstances exists, the final award of child support which Plaintiff shall pay to Defendant for support of the child is $168.08 weekly, beginning on the
day of ________________, 20___ and payable thereafter in equal amounts every week.
Plaintiff shall continue to pay child support for the benefit of the child of the parties until such child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall not continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. Plaintiff is ordered to provide accident and sickness insurance for the child so long as Plaintiff is obligated by this order to provide child support for such child.
In accordance with O.C.G.A.'19-6-32(a.1), no Alimony and Support Unit and Income Deduction orders are entered because “Both partieshave reached(a) written agreement which provides for an alternative arrangement.” O.C.G.A.'19-6-32(a.1)(B)(Supp.1994).
Whenever in violation of the terms of this order there shall have been a failure to make the support payments due hereunder so that the amount unpaid is equal to or greater than the amount payable for one month, the payments required to be made may be collected by the process of continuing garnishment for support. O.C.G.A. ' 19-6-30 (a) (Supp.1994).
SO ORDERED AND ADJUDGED, this _____ day of __________________, 20___.
_____________________________
Judge, COBB Superior Court
COBB Judicial Circuit
