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

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

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 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" 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: _________________________________________________________________________. 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. When applicable, the court shall also include in the final judgment the ability to use income deduction orders as set forth in Code Sections 19-6-30 and 19-6-32. (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.) "FINAL JUDGMENT AND DECREE The 2017 amendment, effective July 1, 2017, in the form in subsection (a), added an opening quotation mark before "FINAL" at the beginning, substituted "individuals" for "persons" in the first sentence of the second paragraph, and added a closing quotation mark following "Judge, Superior Court" at the end; in subsection (b), substituted "When" for "Where" at the beginning of the first sentence; in subsection (c), substituted "all of the information set forth in paragraph (2) of subsection (c) of Code Section 19-6-15" for "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" in the first sentence, and substituted "any schedule that was prepared for the purpose of calculating the amount of child support" for "Schedule E pertaining to deviations" in the second sentence; and substituted the present provisions of subsection (d) for the former provisions, which read: "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.". Cross references. - Recording of divorces in vital records, § 31-10-21 . Provision for collection of child support by continuing garnishment for support, § 19-6-30 . Editor's notes. - Ga. L. 1995, p. 603, § 4, not codified by the General Assembly, provides that it is the intention of Sections 1 and 2 of that Act to encourage judges in divorce cases to require all couples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement. Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: "The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia's children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia's children are provided with adequate financial support whether the children's parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children." Ga. L. 2006, p. 583, § 10(b)/SB 382, not codified by the General Assembly, provides: "Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007." Law reviews. - For article, "Alimony and Child Support: Limit Issuance or Renewal of Licenses for Failure to Comply with Child Support Order," see 13 Ga. St. U.L. Rev. 127 (1996). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005). For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 103 (2006). For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 169 (1995).