Ga. Code § 19-5-12

Current through 2023-2024 Legislative Session Chapter 709

Section 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:

"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 con-taining 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.

OCGA § 19-5-12

Amended by 2024 Ga. Laws 428,§ 8, eff. 7/1/2024.

Amended by 2017 Ga. Laws 242,§ 1-1, eff. 7/1/2017.

Amended by 2006 Ga. Laws 650,§ 3, eff. 1/1/2007.

Amended by 2005 Ga. Laws 52,§ 4, eff. 4/22/2005.