Generally, requests to modify a divorce decree are directly related to child support, rehabilitative alimony and periodic alimony. According to Meriwether and Tharp, Inc., Georgia law allows you to attempt to modify your divorce decree once every two years. Order modifications are considered from the date you file the modification and are not retroactive. Filing a modification of divorce decree that states the specific reasons for the modification is required by Georgia state law.
Obtain a copy of your original Georgia divorce decree. If you do not have a copy, visit the circuit court clerk’s office in the county where your divorce was held and request a copy. For instance, if your divorce was finalized in Baldwin County, visit the courthouse in Milledgeville.
Read More: How Long Before a Divorce Is Official in Georgia?
Complete the motion for divorce modification required in Georgia. This is a requirement to change, or modify, the original order issued. The clerk has the information regarding the proper form to use.
Enter the circuit court of the county in Georgia where the hearing will take place. Place your name as the Plaintif” and your ex-spouses name as Defendant. Include the number provided by the clerk’s office.
Place your name in the first line after “Comes Now.” Complete Line 1 by entering your county, the state (Georgia) and full address.
Enter the same information on Line 2 for the defendant. Include an address or employment for serving the notice. Notice is sent from the clerk’s office to all parties involved at least 30 days before the court date.
Put the date your divorce was finalized in a Georgia court on Line 3. The following lines are reserved for the reasons you request the modification.
Sign the form and file it with the clerk's office at the county courthouse in Georgia. Pay the filing fee and receive a court date.
Attend court on the date set by the clerk’s office. Upon arriving, you generally have time to discuss the changes and potentially agree to them before appearing in front of the judge. However, if you can not agree, Georgia state law allows a judge to administer a decision, or order.