Superior Court of Cobb County Document Filing Requirements

Applies to

Verification form

A completed Verification form must accompany the adult name-change petition.

The Verification form must be filled out along with the Petition to Change Name of Adult.

Applies to

Publication notice

Publication is required in every adult name-change case.

Publication is required in all name change cases.

Applies to

Final order on motion for contempt

The final order on a motion for contempt must select only one of the alternatives provided in the form.

[Choose only one (1) of the following.]

Applies to

Petition for termination of probation

When a probation-termination hearing is set, DCS must file the petition and place the probationer's last known address on its first page.

DCS shall file the Petition for Termination with the Clerk of Superior Court and include on the first page of the Petition the last known address of the probationer.

A document requiring an original sworn or notarized signature must accurately reproduce the declarant's or notary public's original signature.

c) Documents for which an original sworn or notarized signature is required must include an accurate representation of the original signature(s) of the declarant or notary public.

Applies to

Notice of filing

When a document is separated into multiple PDFs, each PDF must begin with a Notice of Filing as its cover page.

When separating a single document into multiple PDFs, the Registered User must insert a "Notice of Filing" as the first (cover) page for each PDF.

An electronically filed or served document is deemed signed by the appropriate signatures.

a) Every document electronically filed or served shall be deemed signed by signatures, where appropriate.

Electronic filing constitutes the filer's attestation that the document and its signatures are authentic.

d) By electronically filing a document, the filer attests that the document and signature(s) are authentic.

Applies to

Early termination request

For an eligible early-termination request, DCS must submit the petition, probation-performance report, and proposed order to the assigned judge and District Attorney.

Pursuant to OCGA § 17-10-1(a)(1)(B), the Department of Community Supervision (DCS) is required to review cases that are eligible for early termination of probation supervision and submit a petition for early termination, along with a report of the probationer's performance on probation and a proposed order to the assigned Superior Court Judge and the District Attorney.

Applies to

Financial affidavit statement

In cases involving specified financial issues, a Financial Affidavit/Statement must be filed with the Clerk at least five days before the hearing, mediation, or other ADR proceeding.

If this case involves financial issues such as child support, alimony, division of property, allocation of debt, or contempt of a court order addressing these issues, then you must file your Financial Affidavit/Statement as required by Uniform Superior Court Rule 24.2 with the Clerk at least 5 days before the scheduled hearing, mediation or other alternative dispute resolution proceeding.

Applies to

Child support worksheet

In cases involving child support or child custody, the Child Support Worksheet and its schedules must be filed with the Clerk at least five days before the hearing, mediation, or other ADR proceeding.

If this case involves child support or child custody, then you must file your Child Support Worksheet and the schedules thereto as required by Uniform Superior Court Rule 24.2 with the Clerk at least 5 days before the scheduled hearing, mediation or other alternative dispute resolution proceeding.

Applies to

Initial pleadings

In specified contempt or modification actions, copies of all prior orders sought to be enforced or modified must be attached to the initial pleadings.

If this case involves an action for contempt of a previous court order or an action for modification of custody, visitation, child support, or alimony, then you must attach copies of all prior orders which you seek to enforce or modify to your initial pleadings.

Applies to

Updated financial affidavit or child support worksheet

When specified financial circumstances have changed, updated Financial Affidavit/Statement or Child Support Worksheet documents must be filed with the Clerk and served on the opposing party at least five days before the next hearing, mediation, or other ADR proceeding.

If there has been a change in your income, employment, debts, assets, or other relevant financial circumstances since you filed a previous Financial Affidavit/Statement or Child Support Worksheet, then you must file with the Clerk and serve upon the opposing Party updated versions of either or both of those documents at least 5 days before the next scheduled hearing, mediation or other alternative dispute resolution proceeding.

Applies to

Hearing income documents

At each hearing, the party must bring documents reflecting current income, including the most recent paystub, three years of state and federal income tax returns, W-2 forms, and 1099 forms.

You must bring the following documents to each hearing in this case: a) Documents reflecting your current income, including but not limited to a copy of your most recent paystub as well as state and federal income tax returns, W-2 forms, and 1099 forms from the last three years.

Applies to

Child support insurance documents

In child-support cases, the party must bring employer or insurance documents showing insurance costs for the children and health insurance cards for the party and children; if possible, the documents should show each child's insurance cost.

If this case involves child support, documents from your employer or insurance company showing how much you pay for health, dental, and vision insurance for the children at issue and health insurance cards for yourself and the children at issue. If possible, these documents should show how much you pay for insurance for each child.

Applies to

Response

Must include

certificate of service

The respondent must complete the Certificate of Service form.

Step 3: Fill out the Certificate of Service form.

Applies to

Arraignment plea discovery election and notice of hearing

A District Attorney signature is required when the defendant waives arraignment before the court.

Signature of District Attorney (required if waiving before court)

Applies to

Case initiation forms

A new divorce case requires the listed forms, including a complaint with verification, summons, case filing information form, and standing order; a poverty affidavit is required only for a person unable to pay filing fees.

Forms Needed to Start the Case  Complaint for Divorce Without Minor Children, with Verification  Summons  Case Filing Information Form  Standing Order (Issued by the Court)  Poverty Affidavit (Only for those who cannot afford to pay the filing fees; See “Poverty Affidavit” Packet)

Applies to

Pre hearing documents

Before the court hearing, a settlement agreement without minor children and a Domestic Relations Financial Affidavit are required when applicable, and a certificate of attendance for the Family Law Workshop is required.

Forms Needed before Court Hearing  Settlement Agreement Without Minor Children (if applicable)  Domestic Relations Financial Affidavit (if applicable)  Certificate of Attendance for Family Law Workshop

Applies to

Request to use recording device

Must include

local rule certificate

A request to use a recording device must include a certification that the device, locations, and operation comply with Rule 22 and court guidelines.

The undersigned hereby certifies that the device to be used and the locations and operation of such device will be in conformity with Rule 22 and any guidelines issued by the court.

Applies to

Request to use recording device

Must include

caption

The request to use a recording device must include the individual signature and identifying information for the representing person or firm and position.

_____________________________ (Individual Signature) _____________________________ (Representing/Firm) _____________________________ (Position)

Applies to

Domestic relations financial affidavit and child support schedules

The Domestic Relations Financial Affidavit and required child support schedules must be filed and served on the opposing party.

The Domestic Relations Financial Affidavit (in substantially the form provided in U.S.C.R. 24.2, as amended) and child support schedules, in the form promulgated by the Georgia Child Support Commission, * shall be filed and served on the opposing party:

Applies to

Verification

The verification must not be signed except in front of a public notary.

DO NOT SIGN THIS DOCUMENT. You may only sign this document in front of a public notary.

Applies to

Summons

Two summons forms must be completed.

Fill out two (2) Summons forms.

Applies to

Petition for modification of child support

A copy of the original court order must be attached to the petition for modification.

Make a copy of the original Court Order that the opposing party disobeyed, and attach it to your Petition for Modification.

Applies to

Child support case

Both parties must file a Child Support Worksheet and Schedules, and file the Domestic Relations Financial Affidavit as part of the case.

Both parties must file completed Child Support Worksheets and Schedules as a part of their case in addition to the Domestic Relations Financial Affidavit.

Applies to

Complaint

A completed worksheet and financial affidavit must be filed with the complaint.

Uniform Superior Court Rule 24.2 (enclosed) requires that you file a completed worksheet and financial affidavit with your Complaint.

Applies to

Verification form

The pro se litigant must complete the Verification form.

Fill out the Verification form.

Applies to

Petition for citation of contempt

The pro se litigant must complete the Petition for Citation of Contempt.

Fill out the Petition for Citation of Contempt.

Applies to

Rule nisi

The pro se litigant must complete the Rule Nisi form.

Fill out the Rule Nisi form.

Applies to

Petition for citation of contempt

For a contempt action, the Rule Nisi serves as the summons and does not require a separate summons to be attached.

Note: Most Petitions require Summons to be attached to your Petition for Service. However, for a Contempt action, the Rule Nisi serves as your summons.

Applies to

Service form

The pro se litigant must obtain and complete the service form from the Clerk or Sheriff’s Office.

Complete the form for Service (Must be obtained from the Clerk/Sheriff’s Office).

Applies to

Petition for citation of contempt

A copy of the court order must be attached to the Petition for Citation of Contempt.

Make a copy of your Court Order and attach it to the Petition for Citation of Contempt.

Applies to

Co parenting seminar

Each parent must attend a four-hour Co-Parenting Seminar, which costs $50 per person.

The Co-Parenting Seminar is a four-hour required seminar. Each parent must take this class, which costs $50 per person.

Applies to

Child support worksheet and schedules

Both parties must file completed Child Support Worksheets and Schedules.

Both parties must file completed Child Support Worksheets and Schedules as a part of their case in addition to the Domestic Relations Financial Affidavit.

Applies to

Complaint with child support worksheet and financial affidavit

A complaint must be accompanied by a completed child support worksheet and financial affidavit.

Uniform Superior Court Rule 24.2 (enclosed) requires that you file a completed worksheet and financial affidavit with your complaint.

Applies to

Child support worksheet and schedule

Both parents must file a Child Support Worksheet and Schedule.

Both parents are required to file a Child Support Worksheet and Schedule.

Applies to

Child support addendum

The Child Support Addendum must be completed and attached to all final orders and judgments determining child support, but not to orders on contempt motions.

Instructions: All parts of this Addendum must be completed and it must be attached to all Final Orders and Judgments determining the amount of child support. However, it is not required for Orders on Contempt motions.

Applies to

Child support addendum

The Child Support Worksheet, Schedule E, and any other applicable schedules must be attached to and made part of the Addendum.

Attachments – The Child Support Worksheet and Schedule E are attached and made a part of this Addendum, along with any other applicable schedules.

Applies to

Petition forms

Complete the petition and verification, include an acknowledgement if applicable, and provide the optional affidavit.

Step 2: Fill out the Petition to Correct Birth Certificate, Verification, Acknowledgement (if applicable), and Affidavit (optional).

Applies to

Petition forms

Required forms must be signed before a notary public where notarization is necessary.

Sign the forms in front of a Notary Public where necessary.

Applies to

Summons

A summons must be completed.

Step 3: Fill out Summons.

Applies to

Sheriffs entry of service

The Sheriff’s Entry of Service must be completed.

Step 4: Fill out the Sheriff’s Entry of Service.

Applies to

Final order form

The petitioner must attend court as directed by the Rule Nisi form and bring a copy of the Final Order Form.

Step 8: Come to the Court on the date and time indicated on the Rule Nisi form. Bring a copy of the Final Order Form

Applies to

Final order

The final order must be filed and a certified copy obtained.

Step 9: File the Final Order and get a certified copy of it.

Applies to

Petition

A signed acknowledgment form must be included with the court paperwork when the parent or guardian has signed it.

If the parent or guardian has signed the Acknowledgment form provided in this packet, include it with the paperwork you submit to the Court.

Applies to

Petition

If multiple parents or guardians acknowledge service, one acknowledgment must be submitted for each person.

If more than one parent or guardian will acknowledge service you will need to submit one acknowledgment for each person.

Applies to

Petition

The supporting affidavit must be included with the court paperwork.

In the fourth blank, fill in the name of the parent completing the supporting affidavit. Include the affidavit with the paperwork you submit to the court.

Applies to

Petition

The petition must be accompanied by at least one of the listed supporting documents.

Check at least one of the following.

Applies to

Verification form

The Verification Form must be completed as part of the petition process.

Step 2(b): Complete the Verification Form

Applies to

Verification form

The Verification Form must not be signed except before a public notary.

DO NOT SIGN THIS DOCUMENT. You may only sign this document in front of a public notary. Public notaries are available at banks, the post office, grocery stores, or the Cobb County Superior Court Clerk’s Office.

Applies to

Acknowledgement form

The Acknowledgement Form must be completed when applicable.

Step 2(c): Complete the Acknowledgement Form (if applicable)

Applies to

Acknowledgement form

The Acknowledgement Form waives personal service on the minor child’s parents or legal guardians and must be completed by the petitioner and signed by the parents or legal guardians.

This document waives the requirement of personal service on the minor child’s parent(s) or legal guardian(s) and should be filled out by the Petitioner and signed by the minor child’s parent(s) or legal guardian(s).

Applies to

Acknowledgement form

The Acknowledgement Form must not be signed except before a public notary by the minor child’s parent or legal guardian.

DO NOT SIGN THIS DOCUMENT. The minor child’s parent or legal guardian may only sign this document in front of a public notary.

Applies to

Affidavit

Copies of documents described in paragraph 4 of the affidavit must be included with the papers submitted to the court.

Include copies of the documents included in paragraph 4 with the paperwork you submit to the court.

Applies to

Service documents

The service documents returned by the Fulton Sheriff’s Department must be filed with the Cobb Superior Court Clerk’s office.

When you receive these back, you must file them with the Cobb Superior Court Clerk’s office, which they will then give the yellow copies back to you.

Applies to

Document package

Must include

case number

The case number must be included on all copies of the documents.

Have the clerk fill in the case number. Make sure this information is on all copies of your documents.

Applies to

Rule nisi hearing form

A Rule Nisi Hearing Form must be completed to set a date for the final hearing.

Complete the Rule Nisi Hearing Form (you may obtain one on the Law Library website or from the Clerk of Court).

Applies to

Rule nisi hearing form

Must include

caption

The Rule Nisi Hearing Form must contain the same caption used for the Petition.

Fill in the caption as you did when you completed the Petition.

Applies to

Final order correcting birth certificate

The Final Order Correcting the Birth Certificate must be completed.

Complete the Final Order Correcting the Birth Certificate.

Applies to

Final order correcting birth certificate

Must include

caption

The filer must complete the caption as they did on the Petition.

Fill in the caption in the same way you did on the Petition.

Applies to

Final order correcting birth certificate

Must include

case number

The Final Order Correcting the Birth Certificate must include the case number assigned by the clerk.

Fill in the Case Number as the clerk wrote it down for you, when you filed the case.

Applies to

Final order correcting birth certificate

The petitioner must bring the Final Order Correcting the Birth Certificate to the final hearing and present it to the judge.

You will also need to bring the Final Order Correcting the Birth Certificate. Present it to the Judge when your case is called.

Applies to

Final order correcting birth certificate

The signed Final Order must be taken to the Clerk of Court for filing after the hearing.

Take the signed Final Order after your hearing to the Clerk of Court to file.

Applies to

Petition for legitimation

A petition for legitimation with verification is required to start the case.

 Petition for Legitimation, with Verification

Applies to

Summons

A summons is required to start the case.

 Summons

Applies to

Case filing information form

The Case Filing Information Form is required to start the case.

 Case Filing Information Form

Applies to

Standing order

The standing order issued by the court is required to start the case.

 Standing Order (Issued by the Court)

Applies to

Verification

A Verification form must be filed with the Petition to Change Name(s) of Minor Children.

The Verification form must be filed with the Petition to Change Name(s) of Minor Children.

Applies to

Verification

The Verification must be signed under oath before a notary public, who must complete the remainder of the form afterward.

Do not sign it until you are in front of a notary public. The notary must complete the rest of the Verification form after you sign it under oath.

Applies to

Consent acknowledgment form

The Consent & Acknowledgment form must be signed before a notary public, and the signer must identify the signer’s relationship to the children.

Do not sign this form until you are in front of a notary public. When you sign, check the box under your signature that describes your relationship to the children.

Applies to

Consent acknowledgment form

Each parent must sign a Consent & Acknowledgment form unless the parent is deceased, has abandoned the children, or has not contributed to their support for at least five continuous years before filing.

Each of the parents has to sign one of the Consent & Acknowledgment forms, unless one of the following exceptions applies: o The parent is deceased, OR o The parent has abandoned the children, OR o The parent has not contributed to the support of the children for a continuous period of at least 5 years immediately before you file the Petition.

Applies to

Health insurance section

The health, dental, and vision insurance section must be completed by selecting and completing only one of the provided alternatives.

[You must check and complete only one of the following paragraphs.]

Applies to

Request to use recording device

The request to use a recording device must be dated.

This ______ day of ______, 20__.

Applies to

Child support addendum and final order for child support modification

The Child Support Addendum and Final Order for Child Support Modification must be completed as fully as possible when scheduling the final hearing.

When you schedule your Final Hearing, make sure you completely fill out the Child Support Addendum and Final Order for Child Support Modification as completely as possible.

Applies to

Child support worksheet

A Child Support Worksheet must be completed.

Also complete a Child Support Worksheet.

Applies to

Final hearing forms

The completed Child Support Addendum, Final Order, and Worksheet must be brought to the final hearing and presented to the judge.

Bring these forms to your hearing and present them to the judge.

Applies to

Child support worksheet

The original worksheet must be printed before it is submitted to the judge.

Remember to print out the original Worksheet before submitting it to the Judge.

Applies to

Electronic child support worksheet submission

Must include

case number

A Civil Action Number must be entered when electronically submitting the completed Worksheet to the judge.

In order to submit the Worksheet to the Judge electronically, you will be asked to input your Civil Action Number.

Applies to

Original child support worksheet

The original Worksheet must be printed before it is submitted to the judge.

Remember to print out the original Worksheet before submitting it to the Judge.

Applies to

Documents used to complete child support worksheet

Documents used to complete the Child Support Worksheet must be brought to court.

Documents used to complete your Worksheet will need to be brought with you to Court.

Applies to

Letter

The request letter to Georgia Vital Records must include the requester’s name and address, identify whose birth certificate is being corrected, provide the legible State File Number, and include contact information and a signature.

Include your name and address at the top of your letter. • State whether you are trying to fix your own or your child’s birth certificate. • Look at the top right corner of the birth certificate to find the State File No. If it is legible, write that File number on the blank provided. • Finally, provide a number and address where they can contact you back and sign the letter.

Applies to

Petition

Must include

caption

The petition caption must state the current name of the person whose birth certificate is being corrected exactly as it appears on the certificate.

On the first blank line (to the left of the vertical line, after the words “In re:”), type or print the current name of the person whose birth certificate is being corrected exactly as it appears on the birth certificate you are trying to correct.

Applies to

Petition

The petitioner’s name must be entered in the designated blank on the petition.

Fill in your name on the blank for the Petitioner.

Applies to

Child support worksheet

The quote refers readers to the Child Support Worksheet and FAQ #2.

 Child Support Worksheet (See FAQ #2 below)

Applies to

Poverty affidavit

A poverty affidavit is required only for a person who cannot afford to pay the filing fees.

 Poverty Affidavit (Only for those who cannot afford to pay the filing fees)

Applies to

Domestic relations financial affidavit

A Domestic Relations Financial Affidavit is required before the court hearing when applicable.

 Domestic Relations Financial Affidavit (if applicable)

Applies to

Mothers consent to legitimation

A mother's consent to legitimation is required before the court hearing when applicable.

 Mother’s Consent to Legitimation (if applicable)

Applies to

Parenting plan

A parenting plan is required before the court hearing.

 Parenting Plan

Applies to

Certificate of attendance

A certificate of attendance for the Family Law Workshop is required before the court hearing.

 Certificate of Attendance for Family Law Workshop

Applies to

Certificate of attendance

A certificate of attendance for the Co-Parenting Seminar is required before the court hearing.

 Certificate of Attendance for Co-Parenting Seminar

Applies to

Consent acknowledgment form

A Consent & Acknowledgment form is provided for each parent, and an additional blank copy is required when a consenting non-parent guardian is involved.

There are two copies of this form in your packet. One is for the mother and one is for the father. You will need to make a third blank copy, if both parents are consenting and there is also a guardian who is consenting (who is not a parent).

Applies to

Notice

The Notice must identify the filer, filing date, children’s current and proposed names, signing date, signature, and a complete address for delivery of the proof of publication.

On the first blank in the main part of the form, fill in your name. On the appropriate blanks, fill in the date you are filing the Petition. On the lines on the left side, fill in the current names of the minor children. On the lines on the right side, fill in the proposed new names of the minor children. At the bottom, fill in the date you are signing the form, and sign your name on the blank provided. Print or type your name and address on the lines below your signature. Make sure your address is complete, so The Marietta Daily Journal can send you the proof of publication.

Applies to

Non domestic general civil case filing information form

The filing information form must leave the case number and division blank for the clerk and include the case caption as it appears on the Petition.

Do not fill in the Case number and Division. The clerk will do that when you file the case. On the lines just underneath the Case Number, type or print the caption of the case, just as it appears on the Petition.

Applies to

Case forms

All completed forms must be reviewed for completeness and accuracy and then signed before a notary public.

After you fill out all of the forms, review them to make sure they are complete and accurate. Then, take them to a notary public and sign them in front of the notary.

Applies to

Petition

The petitioner should leave the Civil Action Case Number blank because the clerk assigns it when the petition is filed.

Do not fill in the Civil Action Case Number. The clerk will assign a number to your case when you file your petition in the Clerk’s office.

Applies to

Affidavit

An affidavit from another parent or guardian may be submitted with the petition when that person agrees to the changes or knows about the birth-certificate errors.

If you are submitting this Petition on behalf of a minor child, but there is another parent or guardian who agrees to the changes or who has knowledge of the errors on the birth certificate, submit an affidavit of those parents or guardians with the Petition.