Superior Court - Pro Se Divorce Without Minor Children
Dissolution of a marriage can be a very complicated process and it is advisable to speak with a lawyer before beginning any legal action in this Court. If you want the Court to grant your divorce, you must follow the law and complete each and every paragraph that applies to your case. If any of your documents are not completed, signed, notarized, and filed as prescribed by the law, a judge cannot grant your request for a divorce, and may dismiss your case. If you still wish to proceed as a pro se litigant, please continue below.
By law, court personnel cannot give you legal advice, directions, or services. Therefore, although you have the right to represent yourself, you are strongly urged to consult with an attorney.
ALL STEPS #1-8 LISTED BELOW MUST BE COMPLETED AND FILED.
1. Domestic Relations Case Filing Form (Clerk’s Filing Fees - $210.00)
3. Verification - Must get notarized
4. Service - See below
Domestic Relations Financial Affidavit
· Only required in a contested divorce when both parties cannot agree on alimony. In such a case, both parties must individually complete this document.
Settlement Agreement Without Minor Children
· If this is an uncontested divorce, then this Agreement must be signed and notarized by both parties.
· If this is a contested divorce, then both parties will have to submit their own versions of this document.
Service is a required step where the Defendant is formally notified that the divorce action has filed. [Please complete, sign, and file either Option #1, #2, or #3]
Option #1 - The Defendant is Cooperative:
[Please complete both of these forms]
Option #2 - Service by the Sheriff
- Defendant can be served in Floyd County:
- Plaintiff must complete 2 forms in the Floyd County Clerk's Office and pay a $50.00 fee.
- Plaintiff must arrange service directly with the Sheriff's office in the county where the Defendant can be found.
Option #3 - Cannot Locate the Defendant = Service by Publication
- If you cannot locate the Defendant, your method of last resort is to serve the Defendant by publishing a legal notice. Service by publication may place certain limitations upon your case and may possibly restrict your ability to obtain certain kinds of relief such as child support and/or alimony. If you are able to locate the Defendant, you MUST either have the Defendant sign the Acknowledgment of Service form OR have the Sheriff complete service
- In addition to the normal filing fee, you must also pay a publication fee. Please check with the Clerk of the Superior Court to get the current fee amount.