Georgia sets out by statute what a divorce petition has to show, and the list is shorter than most people expect.
What the Statute Requires
Under OCGA 19-5-5(b), the petition must show six things:
- the residence or last known address of the respondent;
- that you meet the residence requirements, or that you are bringing a counterclaim and are not required to meet them;
- the date of the marriage and the date of the separation;
- whether there are any minor children of the parties, and the name and age of each;
- the statutory ground on which a divorce is sought; and
- where alimony or support or division of property is involved, the property and earnings of the parties, if known.
The Label on the Document Does Not Matter
In Mickas v. Mickas, 229 Ga. 10 (1972), a wife tried to set aside a divorce decree partly because of how the opening document was styled. The Georgia Supreme Court said that “substance and not mere nomenclature controls in determining the nature of pleadings,” so whether the filing is called a “complaint” or a “petition” is immaterial as long as its substance meets the statute.
Ask for What You Actually Want
What you leave out can cost you. In Hackbart v. Hackbart, 272 Ga. 26 (2000), a wife’s complaint asked for a divorce, custody, and certain property, but never asked for child support. The husband never answered and never appeared. The trial court awarded $900 a month in child support anyway, and the Supreme Court reversed. The complaint recited the husband’s income and his failure to contribute, but those were “only factual recitations and do not substitute for a request that the court award child support.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!