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Whitfield county Divorce Papers Form: What You Should Know

A court order in an uncontested case requires: the filing of an order and its attachment with a motion and a judgment or an order of default. The following forms must be included with your papers:路 An Affidavit as filed by the spouse seeking the order. 路 A Notice of Appointment of Mediator 路 An Order of Default 路 and a copy of the judgment or order of default for uncontested cases. If you are filing an uncontested case, an order is filed with each of the parties and attached to copies of the papers for the whole case. In an uncontested case, the court may order payment of all or part of each other party's support obligation if it finds, by clear, cogent and convincing evidence, that the order or judgment will not adversely affect the ability of any party to pay. Uncontested cases must be filed within 4 months of service. An uncontested case is no longer required to be filed if all the parties sign a stipulation to the extent the court would have ordered an uncontested divorce. If you are entering a noncontested case (either the first or second time) the court MUST receive a stipulation prior to filing the papers. The following forms must be included with your papers :路 An Affidavit as filed by the spouse seeking the order. 路 A Notice of Appointment of Mediator. 路 An Order of Default. 路 and a copy of the judgment or order of default for noncontested cases. If you are filing a noncontested case, an order is filed with each of the parties and attached to copies of the papers for the whole case. In a noncontested case, the court may order payment of all or part of each other party's support obligation if it finds, by clear, cogent and convincing evidence, that the order or judgment will not adversely affect the ability of any party to pay. The court must also allow for the payment, in full, of an amount up to the amount of support the court determines is due. In a noncontested case, the court may order an application for support without being required to find, by clear and convincing evidence, that the order or judgment will not adversely affect the ability of either party to pay support. For more information on 鈥渘oncontested divorce鈥 see our 鈥淣oncontested Divorce on the Westside鈥 brochure.

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