Title 19. DOMESTIC RELATIONS · Chapter 5. DIVORCE
19-5-12. Form of judgment and decree.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (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: “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 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 individuals 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)
When 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 all of the information set forth in paragraph (2) of subsection (c) of Code Section 19-6-15. The final judgment shall have attached to it the child support worksheet containing the calculation of the final award of child support and any schedule that was prepared for the purpose of calculating the amount of child support. The final judgment shall specify a sum certain amount of child support to be paid.#
- (d)
When applicable, the court shall also include in the final judgment the ability to use income withholding orders as set forth in Code Sections 19-6-30 and 19-6-32.#
Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.
History
Laws 1802, Cobb’s 1851 Digest, p. 224.; Code 1863, § 3484; Code 1868, § 3507; Code 1873, § 3565; Code 1882, § 3565; Civil Code 1895, § 2438; Civil Code 1910, § 2957; Code 1933, § 30-116; Ga. L. 1946, p. 90, § 9; Ga. L. 1979, p. 466, § 4; Ga. L. 1995, p. 603, § 1; Ga. L. 1996, p. 453, § 5; Ga. L. 1999, p. 81, § 19; Ga. L. 2005, p. 224, § 4/HB 221; Ga. L. 2006, p. 583, § 3/SB 382; Ga. L. 2017, p. 646, § 1-1/SB 137; Ga. L. 2024, p. 233, § 8/SB 520, effective July 1, 2024.
Amendments
The 2024 amendment, effective July 1, 2024, substituted “income withholding orders” for “income deduction orders” in subsection (d).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t18-t19-(v16)-pdf.pdf, Volume V16, 2022 edition, 2025 supplement, pages 11 to 12; merge action: replaced; file SHA-256 3b0e2669853a.
Ask about this section
The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.