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Form of Decree

§ 19-5-12 - Form of judgment and decree

O.C.G.A. 19-5-12 (2010)
19-5-12. Form of judgment and decree

(a) A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:


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 a vinculo matrimonii, between the parties to the above
stated case upon legal principles.
It is considered, ordered, and decreed by the court that the marriage
contract heretofore entered into between the parties to this case, from and
after 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.
Decree and order entered this day of , .

Judge, Superior Court

(b) Where applicable, any one or more of the following clauses shall be
included in the form of the judgment:
The court restores to (Petitioner/Respondent) his/her prior or maiden
name, to wit: .
The court awards custody of the children of the parties as follows:

The court fixes alimony as follows: .

(c) In any case which involves the determination of child support, the form of the judgment shall also include provisions indicating both parents' income, the number of children for which support is being provided, the presumptive amount of child support award calculation, and, if the presumptive amount of child support is rebutted, the award amount and the basis for the rebuttal award. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and Schedule E pertaining to deviations. The final judgment shall specify a sum certain amount of child support to be paid.

(d) Where applicable, the court shall also include in the order the provisions of Code Section 19-6-30 concerning continuing garnishment for support and language in compliance with Code Section 19-6-32 concerning income deduction orders.


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