Georgia No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in Missouri, but does include basic and other provisions.
Name Change Action Allowed: In Missouri, a person may change their name and the names of other members of their family by filing a joint petition in the circuit court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name and the names of other members of their family? Yes. The court must find that the requested name change is proper and not detrimental to the interests of anyone else. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must find that the desired change is proper and not detrimental to the interests of any other person. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes. Within 20 days of the Order granting the change of name, the Petitioner must publish the change of name once a week for three consecutive weeks in a newspaper of general circulation in the county in which the petitioner resides.
Who must be provided notice of the Petition? The General Public is given notice by publication. Also, any parent of a minor child who is not joining in the petition would be entitled to service of notice of the petition and hearing by certified or registered mail.
Can individuals object to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.
Procedures: The process for obtaining a name change for an adult, and other members of the family, in the State of Missouri, begins with the filing of a Joint Petition with the Circuit Court in the jurisdiction in which Petitioners reside. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, the names of the other members of the family and the names they wish to adopt, and the reasons for the requested change of name.
Divorce - State Law Summary - Georgia
Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Georgia, but does contain basic and other procedures.
Grounds for divorce
A divorce may be granted in the State of Georgia on the following grounds:
1. Incest;
2. Mental incapacity at the time of marriage;
3. Impotency at the time of marriage;
4. Force, menace, duress, or fraud in obtaining the marriage;
5. Pregnancy of the wife by one other than the husband at the
time of marriage, unknown to the husband;
6. Adultery by either party;
7. Willful and continued desertion by either party for one year;
8. Conviction and imprisonment for at least two years for a
crime of moral turpitude;
9. Habitual intoxication or drug addiction;
10. Cruel treatment;
11. Incurable mental illness;
12. The marriage is irretrievably broken. CGA 19-5-3
Waiting period
A divorce based upon the irretrievable breakdown of the marriage shall not be granted until at least 30 days have elapsed from the date of service upon the respondent. CGA 19-5-3
Residency requirements
The party filing for divorce must have been an actual and bona fide resident of the State of Georgia for at least six months prior to the filing of the petition for divorce and such divorce action shall be filed in that party's county of residence. If the filing party is a non-resident of the State of Georgia and the other spouse has been a resident of the state for six months, the filing party may file the petition in the county in which the other party resides. CGA 19-5-2
Name of court and title of action/parties
An action for divorce is filed with the Superior Court. The action initiating the divorce proceeding is the Petition, while the action granting the divorce is referred to as the Final Judgment and Decree of Divorce. The filing party is called the Petitioner, while the other spouse is referred to as the Respondent. CGA 19-5-1,19-5-5
Simplified divorce proceeding
There are no provisions within the State of Georgia for simplified divorce proceedings.
Legal separation
When the spouses are separated, the State of Georgia permits either party to petition the court for support on that party's behalf or on the behalf of any minor children of the marriage. CGA 19-6-10
Conciliation/mediation
In any county with alternative dispute resolution programs, the court may refer all contested petitions for divorce to those programs. In addition, in counties without such programs, the court may still refer any disputed divorce case to participate in any reasonably available alternative dispute resolution program as it sees fit. CGA 19-5-1
Alimony
Alimony may be awarded to either spouse on either a permanent or temporary basis in accordance with that party's needs and the other party's ability to pay, although a party is not entitled to alimony if the court determines that the cause of the spouses separation was due to that party's adultery or desertion. The amount of alimony will be determined by the court after consideration of the following factors:
1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, physical and emotional condition of both parties;
4. The financial resources of each party;
5. The time necessary for either party to acquire sufficient
education and training to find suitable employment;
6. The contribution of each spouse to the marriage;
7. The condition of the parties, including the separate estate,
earning capacity and fixed liabilities of each party;
8. Any other factor the court deems relevant and just.
Distribution of property
The court will distribute the marital property of the parties between them as it deems equitable and just, after setting aside to each spouse that party's separate property.
Child Custody
The issue of custody of any minor children of the marriage will be determined by the best interests of the child. The court shall not prefer one party over the other on the basis of sex. The court will consider instances of domestic violence in determining custody and may also order a psychological or medical evaluation of the family as it deems necessary. CGA 19-9-3
Child support
Either party may be ordered to pay child support. Georgia has enacted child support guidelines which establish the presumptively correct amount of support to be paid. Deviation from these guidelines require a specific written finding on the record of the proceeding that the application of the guidelines would be inappropriate or unjust in the particular case. The record must further state what the amount of support would have been under the guidelines. Justification for deviation from the guidelines include such things as:
1. The ages of the children;
2. Educational costs;
3. A child's extraordinary medical costs;
4. Day-care costs;
5. Shared physical custody arrangements;
6. A party's support obligation to another household;
7. Income that should be attributed to a party because of that
party's artificial suppression of income;
8. In-kind income for the self-employed;
9. Other support a party is willing to provide;
10. A party's own extraordinary expenses;
11. Extreme economic circumstances;
12. Historical spending in the family for children;
13. Cost of living factors;
14. Any other factor the court deems to be required by the ends
of justice.
The duty of support shall continue until the child reaches the age of majority, dies, marries or becomes emancipated, whichever occurs first. The court may, however, under certain circumstances, order the continued support of a child who is enrolled in a secondary school until the child reaches the age of twenty.
The court may also order a party to provide medical insurance for the child if such insurance is reasonably available.
Name change
In all divorce actions, upon request, the court may restore a party to a former or maiden name. CGA 19-5-16
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Any parent of a minor child who is not joining in the petition would be entitled to service of notice of the petition and hearing by certified or registered mail.
If a parent or parents do not consent to the requested name change, a copy of the petition together with a notice stating the date of the hearing shall be served on each known parent not consenting not less than thirty days before the date of the hearing. The service shall be by registered or certified mail addressed to the last known address of the non-consenting parent. Service shall be proved by the certificate of the clerk that he has mailed a copy of the petition and notice by registered or certified mail.
The requested name change will be granted if the court is satisfied with the basis of the request and that it is not detrimental to the interests of anyone else.
Within 20 days of the Order granting the change of name, the Petitioner must publish the change of name once a week for three consecutive weeks in a newspaper of general circulation in the county in which the petitioner resides.
Additional Information and Instructions
Statutes:
Petition, where presented--contents--proceedings:
Hereafter every person desiring to change his or her name may present a petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's residence, which petition shall set forth the petitioner's full name, the new name desired, and a concise statement of the reason for such desired change; and it shall be the duty of the judge of such court to order such change to be made, and spread upon the records of the court, in proper form, if such judge is satisfied that the desired change would be proper and not detrimental to the interests of any other person. Mo.Rev.Stat., Title XXXVI Statutory Actions and Torts, Chapter 527 Change of Name, Section 527.270.
Fees to be paid by petitioner:
The fees for proceedings under sections 527.270 to 527.290 shall be the same as are now or may hereafter be allowed in similar cases in said court, to be paid by the petitioner. Mo.Rev.Stat., Title XXXVI Statutory Actions and Torts, Chapter 527 Change of Name, Section 527.280.
Notice of change to be given, when and how:
1. Public notice of such a change of name shall be given at least three times in a newspaper published in the county where such person is residing, within twenty days after the order of court is made, and if no newspaper is published in the person's or any adjacent county, then such notice shall be given in a newspaper published in the City of St. Louis, or at the seat of government.
2. Public notice of such name change through publication as required in subsection 1 of this section shall not be required if the petitioner is:
(1) The victim of a crime, the underlying factual basis of which is found by the court on the record to include an act of domestic violence, as defined in section 455.200, (2) The victim of child abuse, as defined in section 210.110; or (3) The victim of abuse by a family or household member, as defined in section 455.010, Mo.Rev.Stat., Title XXXVI Statutory Actions and Torts, Chapter 527 Change of Name, Section 527.290.
Court Rules:
Petition for Change of Name; Contents:
The petition for change of name shall be verified and shall state:
(a) The present name of petitioner and the name desired;
(b) The reason for such desired change;
(c) That the petitioner is a resident of the county in which the change of name is sought;
(d) The date and place of birth of petitioner and petitioner's father's name and mother's maiden name;
(e) If petitioner is married the name of petitioner's spouse and if petitioner has children the names and ages of each and their place of residence;
(f) If petitioner's name has previously been changed, when and where and by what court;
(g) Whether any judgment for money which has not been satisfied is pending against petitioner and, if so, the style of the case wherein the judgment was entered and the court in which the judgment was entered;
(h) Whether any action for money is pending against petitioner and, if so, the style of the case and the court in which it is pending; and
(i) That the change of name will not be detrimental to any other person. Missouri Rules of Civil Procedure, Rule 95. Change of Name, Rule 95.01.
Joint Petition for Family:
Parents and minor children may join in a petition for change of name and the petition shall state the facts herein required of the parents and the name of the minor children may be changed at the discretion of the court. Missouri Rules of Civil Procedure, Rule 95. Change of Name, RULE 95.02.
Petition for Change of Minor's Name; Notice to or Consent of Parent:
When a minor files a petition for change of name the written consent of each known parent shall be filed. If the written consent of each known parent is not filed, a copy of the petition together with a notice stating the date of the hearing shall be served on each known parent not consenting not less than thirty days before the date of the hearing. The service shall be by registered or certified mail addressed to the last known address of the nonconsenting parent. Service shall be proved by the certificate of the clerk that he has mailed a copy of the petition and notice by registered or certified mail. Missouri Rules of Civil Procedure, Rule 95. Change of Name, RULE 95.03.
Order of Change of Name, When:
The court shall order the desired change of name if it finds that the change would be proper and not detrimental to the interests of any other person. Missouri Rules of Civil Procedure, Rule 95. Change of Name, RULE 95.04.
Publication of Notice of Change of Name:
When a change of name is granted notice of the change shall be published at least once each week for three consecutive weeks in a newspaper of general circulation published in the county where the change of name was granted. If there is no such newspaper, then the publication shall be in a newspaper designated by the court. Proof of the publication shall be filed with the clerk within ten days after the date of last publication. Missouri Rules of Civil Procedure, Rule 95. Change of Name, RULE 95.05.
Other Name Change References:
Definitions:
As used in sections 211.442 to 211.487, unless the context clearly indicates otherwise, the following terms mean:
(1) Child an individual under eighteen years of age;
(2) Minor any person who has not attained the age of eighteen years;
(3) Parent a biological parent or parents of a child, as well as, the husband of a natural mother at the time the child was conceived, or a parent or parents of a child by adoption, including both the mother and the putative father of a child. The putative father of a child shall have no legal relationship unless he, prior to the entry of a decree under sections 211.442 to 211.487, has acknowledged the child as his own by affirmatively asserting his paternity.
Mo.Rev.Stat., Title XII Public Health and Welfare, Chapter 211 Juvenile Courts, 211.442
