Superior Court of Cobb County Service and Proof of Service Rules

For a new divorce case, the filer must choose one of the listed service methods: sheriff service, private process server service, acknowledged service, or service by publication.

Options for Service (Choose One)  Entry of Service by the Sheriff's Office (Filed by Sheriff’s Office)  Entry of Service by a Private Process Server (Filed by the Process Server)  Acknowledgement of Service OR Acknowledgment of Service for Uncontested Divorce (Signed/Notarized by the Defendant/Spouse)  Service by Publication (See “Service by Publication” Packet)

Service must be arranged for all parents and guardians unless they have signed the Consent and Acknowledgment form.

Arrange for service on all parents and guardians (if any), unless they have signed the Consent and Acknowledgment form.

Applies to

Petition

Living parents and any non-parent guardian with whom the children live must be properly served with the petition.

In all name change cases, if the parents are alive, they must be properly served with the Petition. If the children live with someone acting as guardian who is not their parent, then the person acting as guardian must also be served.

Applies to

Petition

If a parent or guardian will not sign the consent and acknowledgment form, the petition must identify the planned service method in boxes (b), (c), and (d).

If they are not going to sign the Consent & Acknowledgment form, you must check the boxes in (b), (c), and (d) of this final section of the Petition, showing how you plan to have each parent and guardian served.

Applies to

Petition

Box (b) must be checked when a parent or non-parent guardian is to be served by the sheriff.

Check box b if you need to have the sheriff serve either a parent or a person acting as a guardian. This is the type of service required in most cases.

Applies to

Petition

Service

Mail

Certified mail may be used to serve a parent or guardian only when that person lives outside Georgia.

Check box c if you will serve a parent or guardian by certified mail. You can only use this method of service for people who live outside the State of Georgia.

Service must be arranged for any parent or guardian who did not file a Consent and Acknowledgment form.

Unless you filed Consent & Acknowledgment for each parent and guardian, you must also arrange service. The other copies of your papers will be used in service.

Service may be completed by a signed Acknowledgment of Service, Sheriff’s Department or approved process-server service, certified mail, or publication.

There are four ways for service to be completed: (1) the parent or guardian signs an Acknowledgment of Service, (2) service by the Sheriff’s Department or other approved process server, (3) by certified mail, or (4) by publication.

A signed Consent and Acknowledgment from every parent or guardian obviates other service to those persons, while any person who does not sign must be served by another permitted method.

So long as every parent and guardian (if any) signs a Consent and Acknowledgment form, no other type of service is required in your case. However, if any parent or guardian does not sign this form, then that parent or guardian must be served by one of the methods explained below.

Service

Personal service

When an acknowledgment is not signed, the usual alternative is personal service by a deputy sheriff or other court-approved process server who delivers the papers in person.

This is the usual way for service to be completed (if an acknowledgment is not signed). It is sometimes called “Personal Service,” which means that the deputy sheriff or other court-approved process server hands the papers to the parent or guardian in person.

Service

Personal service

For a person serviceable in Cobb County, the filer may leave a service copy and payment with the clerk, which will forward them to the Sheriff’s Department for service.

If the parent or guardian can be served in Cobb County, then the Cobb County Sheriff’s Department can serve the papers. You may pay the service fee at the Clerk’s Office when you file the case, and leave the service copy of the papers with the clerk. The clerk will forward your payment and legal documents to the Sheriff’s Department for service.

Service

Publication

Notice publication is mandatory in every name-change case, including when all parents and guardians have consented and acknowledged service.

Publication is required in all name change cases, even if all parents and guardians have consented and acknowledged service.

Service

Publication

When filing, the petitioner must give the clerk the notice and a check or money order payable to The Marietta Daily Journal for publication.

While filing your case at the Clerk’s Office, give the clerk the Notice and payment for the publication fee (check or money order) made out to The Marietta Daily Journal. The Clerk will forward the Notice and payment to The Marietta Daily Journal.

If the parent or guardian is outside Cobb County or Georgia, arrange service through the Sheriff’s Department for the proper county or state.

If the parent or guardian must be served in another county or state, the Cobb County Sheriff’s Department cannot serve the papers. You will need to arrange for service directly with the Sheriff’s Department of the proper county.

The service copy must include the Sheriff’s Entry of Service form when service is completed by a Sheriff’s Department.

Whether you have service completed by the Cobb County Sheriff’s Department or some other Sheriff’s Department, you should make sure the service copy includes the Sheriff’s Entry of Service form.

Applies to

Petition and notice

Service

Mail

Certified mail with a return receipt may be used when the parent or guardian lives outside Georgia.

If the parent or guardian lives outside the State of Georgia, you may use certified mail service. To use this method, mail a copy of the Petition and the Notice to the person. Use certified mail, with return receipt (the green card). Be sure to include your return address, so that the papers or the green card will be sent back to you by the post office.

Service

Mail

After receiving the certified-mail return receipt, complete a Certificate of Service, staple the green card with the signature side visible, make a copy, and file the certificate with the Clerk’s Office.

When the green card comes back, complete a Certificate of Service form and staple the green card to it, with the signature side of the card visible. Make a copy of the Certificate of Service with the green card on it. Then, file the Certificate of Service with the Clerk’s Office in the same way you filed the Petition and other papers to start the case.

Service

Publication

Service by publication is a last resort available only when the parent or guardian’s location cannot be determined, and the court must be shown reasonable diligent-search efforts.

This is a method of last resort. If you can find the parent or guardian, you must use one of the other methods of service. If you do not know where that person lives or works, and you cannot find that information out, this is your only choice of service method. You must prove to the Court that you have tried to locate the parent or guardian and cannot find him/her.

Service

Publication

Publication service requires filing an Affidavit of Diligent Search and the three-part Order of Publication, Return of Service, and Order Perfecting Service form.

To serve by publication, you will need to prepare and file the following two (2) forms:
Affidavit of Diligent Search, and
Order of Publication, Return of Service, and Order Perfecting Service

Deadline

30 calendar days

When all parents and guardians live in Georgia, at least 30 days must pass from service on the last person before proceeding to the final-hearing preparation stage.

If all the parents and guardians (if any) live in the State of Georgia, the required waiting period is 30 days from the date of service on the last person served.

Deadline

60 calendar days

When any parent or guardian lives outside Georgia, the waiting period is 60 days from service.

If any of the parents or guardians lives outside the State of Georgia, the waiting period is 60 days from the date of service.

Applies to

Petition

A copy of the petition must be served on the Department of Vital Records.

The State Registrar of the Department of Vital Records and the Commissioner for the Georgia Department of Human Resources are entitled to notice of your Petition. You will need to serve a copy of this Petition on the Department of Vital Records. (See Step 4)

Applies to

Petition

Service

Personal service to agency

The Sheriff must serve the State Registrar and the Commissioner of the Georgia Department of Human Resources.

Arrange for the Sheriff to serve the State Registrar at the Office of Vital Records and the Commissioner of the Georgia Department of Human Resources.

Applies to

Petition

Service

Personal service to other

When filing for a minor child, the child’s parents or guardians must be served unless they have signed an acknowledgment of service.

Additionally, if you are filing this petition on behalf of a minor child, you will need to serve the parent(s) or guardian(s) of the minor child unless they have signed an acknowledgment of service.

Applies to

Summons

Service must be made on the Commissioner of the Georgia Department of Human Resources at the stated address.

Service must be made on the Commissioner of the Georgia Department of Human Resources at Suite 29-250, 2 Peachtree St. NW, Atlanta, GA 30303-3142.

Applies to

Sheriffs entry of service

One Sheriff’s Entry of Service must be obtained for the Commissioner of the Georgia Department of Human Resources.

Obtain one Sheriff’s Entry of Service for the Commissioner of the Georgia Department of Human Resources.

Applies to

Petition

Service must be made on the State Registrar at the Department of Vital Records at the specified address.

Service must also be made on the State Registrar at the Department of Vital Records at 1680 Phoenix Blvd., Suite 100, Atlanta, GA 30349.

Applies to

Petition

Any other parent or legal guardian must be served unless that person signs an Acknowledgment of Service.

Additionally, you will also need to have any other parent or legal guardian served, unless she or he signs an Acknowledgment of Service.

Applies to

Petition

Service must be arranged for the Georgia Department of Human Resources and the State Registrar of the Department of Vital Records.

Arrange for Service on the Georgia Department of Human Resources and the State Registrar of the Department of Vital Records.

Applies to

Arraignment plea discovery election and notice of hearing

Service

Personal service

The signer certifies that the document was personally served on the District Attorney that day.

I have this day personally served this document upon the District Attorney.

Service

Publication

Service on the respondent must be made by publication as provided by law.

IT IS HEREBY CONSIDERED, ORDERED AND DECREED THAT: Service be made by publication as provided by law.

Service

Mail

The clerk must publish the notice and mail the notice, order for publication, and complaint, if any, to the defendant.

I hereby certify that notice in the Manner and form prescribed in the foregoing Order was published, and that I have enclosed, directed, stamped and mailed a copy of the said notice together with a copy of the Order for Service by Publication and Complaint (if any), to the above-named defendant.

Service

Publication

Service by publication is perfected by publishing notice in the county legal organ and mailing the notice, publication order, and complaint, if any, to the respondent's last known address.

It appearing to the Court that service upon the above-named party has been perfected by publication of notice on the above-stated dates in the legal organ of this County, and by enclosing, directing, stamping and mailing a copy of the notice together with a copy of the order for Publication and the Complaint (if any) to said respondent at his or her last known address

The Obligee must initiate wage withholding by completing and transmitting all documents and notices required by the cited statutes and the Georgia Family Support Registry.

The Obligee shall be responsible for initiating the wage withholding by completing and transmitting all documents and notices required by O.C.G.A. § 19-6-30 et seq., 42 USC 666(b)(6)(A)(ii), and the Georgia Family Support Registry.

The Obligee must serve the Obligor with this order and required later papers by personal service, certified mail, statutory overnight delivery with return receipt requested, or regular mail under the cited alternative-service provisions.

Additionally, a copy of this order and all further papers required to be served pursuant to O.C.G.A. §19-6-30, et seq., shall be served by the Obligee upon the Obligor by personal service, certified mail or statutory overnight delivery, return receipt requested, or by regular mail in accordance with the alternative service provisions of O.C.G.A. §§ 9-11-4(j) and 19-6-33(b).

Service

Mail to agency

The Obligee must also mail a copy of the order to the Family Support Registry at the stated address.

A copy of this Order shall also be mailed by the Obligee to: Family Support Registry P.O. Box 1800 Carrollton, Georgia 30112-1800

The plaintiff must serve the defendant before the divorce case may proceed.

Before a divorce case can proceed, the Plaintiff must serve the Defendant as required by law.

Applies to

Legitimation case petition

Before the Legitimation case proceeds, the petitioner must serve the respondent as required by law.

Before a Legitimation case can proceed, the Petitioner must serve the Respondent as required by law.

The petition must be served on the opposing party either by the Sheriff or by personal service when the Respondent will sign an Acknowledgement of Service.

The Petition for Citation of Contempt must be served on the opposing party. You can either have the Sheriff serve the papers, or you may personally serve the papers if the Respondent is willing to sign an Acknowledgement of Service form.

Service

Personal service to opposing party

Personal service is permitted if the Respondent is willing to sign an Acknowledgement of Service form.

You can either have the Sheriff serve the papers, or you may personally serve the papers if the Respondent is willing to sign an Acknowledgement of Service form.

Applies to

Completed forms

Service

Mail to opposing party

Mail one copy of the completed forms to the petitioner at the address stated on the Certificate of Service.

Mail the Petitioner one copy of the completed forms to the address you filled out on the Certificate of Service.

Service

Personal service

A copy must be taken to the Sheriff’s Office for service on the opposing party, and a service fee must be paid according to the Sheriff’s Office schedule.

Take one copy of the document package to the Sheriff’s Office so that the Sheriff can serve it upon the opposing party. You will have to pay a service fee. Check with the Sheriff’s Office for the schedule fee.

Applies to

Domestic relations financial affidavit and child support schedules

The required financial affidavit and child support schedules must be 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

Domestic relations financial affidavit and child support schedules

The financial affidavit and child support schedules must be served on the opposing party at least five days before a temporary hearing.

(a) at least five (5) days prior to any temporary hearing;

Applies to

Domestic relations financial affidavit and child support schedules

The financial affidavit and child support schedules must be served on the opposing party at least five days before court-ordered mediation.

(b) at least five (5) days prior to any court-ordered mediation; or

Applies to

Domestic relations financial affidavit and child support schedules

When no temporary award is sought and the parties do not mediate, the financial affidavit and schedules must be served with the Answer or within 30 days after service of the Complaint, whichever occurs first.

(c) either with the Answer or 30 days after service of the Complaint, whichever first occurs, if no application for a temporary award is made and the parties do not attend mediation.

Applies to

Amendments to financial affidavit and child support schedules

The parties must exchange amendments to the financial affidavit and child support schedules at least ten days before the final hearing.

Both parties shall exchange any amendments at least ten (10) days prior to a final hearing.

Applies to

Proposed worksheet and accompanying schedules

Service

Electronic service to opposing party

A party submitting a proposed worksheet and schedules electronically must provide the opposing party a copy of the submission electronically or as a printed copy.

shall provide the opposing party a copy of the submission, either electronically or by printed copy.

Applies to

Protective order petition

Service

Electronic service to clerk

Immediately after electronically filing protective-order petitions, a TPO Office representative must notify the Clerk of Court or designee of the filing.

c) Immediately following the electronic filing of said petition(s), a TPO Office representative shall notify the Clerk of Court of her/his designee of the electronic filing of the petition(s).

Applies to

Original petition or original complaint

Service

Personal service to all parties

Parties must serve other parties with original petitions and original complaints by personal service or another means acceptable under the Civil Practice Act of Georgia.

a) All parties shall make service upon other parties of Original Petitions and Original Complaints conventionally (i.e., personal service or other means acceptable by the Civil Practice Act of Georgia).

Applies to

Subsequent electronic document

Service

Electronic service to all parties

Except where the Order provides otherwise, parties must electronically serve subsequent electronic documents on other parties through the EFSP, which delivers all electronically filed and electronically served documents to parties or designated counsel.

b) Except as otherwise set forth in this Order, all parties shall make electronic service upon other parties of subsequent electronic Documents through the EFSP. The EFSP shall be the vehicle through which all parties, or their designated counsel, shall receive all E-Filed and E-Served Documents.

Service

Electronic service to all parties

Electronic service through the EFSP is valid and effective service with the legal effect of conventional paper service, and recipients receive an email containing the electronic document or a hyperlink to it.

c) The electronic service of an electronic document through the EFSP shall be considered as valid and effective service and shall have the legal effect as an original paper document sent via conventional means, U.S. mail and/or hand delivery. Recipients of electronic service shall receive an email notification of service, which contains an electronic image of the served electronic document or a hyperlink to the electronic image of the served E-document.

Service

Electronic service

Electronic service is complete when transmission to the EFSP finishes, as shown by the authorized date and time on the electronic transmittal.

a) E-Service shall be deemed complete when the transmission to the EFSP is completed as reflected by the authorized date and time appearing on the electronic transmittal.

Service

Electronic service

For calculating response time, a document served while the court is closed is deemed served when the court next opens for business.

b) For the purpose of computing time to respond to documents received via E-Service, any document served on a day or at a time when the Court is not open for business shall be deemed served at the time of next day the Court is open for business.

Service

Mail to all parties

The Clerk must mail notice of the arraignment date, time, and place to all defendants, attorneys of record, and bondsmen at least two weeks before arraignment.

The Clerk of this Court shall give notice of the date, time, and place of the arraignment to all defendants, attorneys of record, and bondsmen via United States Mail by depositing such notice with the U.S. mail, with sufficient postage, at least two (2) weeks prior to the date set for arraignment.

Service

Personal service

After arresting the probationer, CCSO must serve the probationer with a paper copy of the probation warrant upon booking in the Cobb County Adult Detention Center.

CCSO shall execute the probation warrant by arresting the probationer, and upon the probationer's booking in the Cobb County Adult Detention Center (CCADC), a deputy sheriff shall serve the probationer with a paper copy of the probation warrant with a rule

Applies to

Probation warrant

Service

Personal service

The deputy sheriff must record service on the reverse side of the probation warrant.

The deputy sheriff making such service shall indicate entry of service on the reverse side of the probation warrant.

Applies to

Hearing notice

The Clerk of Superior Court or assigned judge must schedule the case on the assigned judge’s probation revocation calendar and send hearing notice to the probationer’s last known DCS address and any other known address where the probationer may be found.

The Clerk of Superior Court (or the assigned judge) shall schedule the case on one of the assigned judge's probation revocation calendars and shall send notice of the hearing to the last known address of the probationer as provided by the DCS, as well as any other address the Clerk of Superior Court is aware of where the probationer may be found (e.g., a change of address form submitted by the probationer to the Clerk's Office).

Applies to

Hearing notice

The District Attorney must notify the crime victims necessary for the probation-termination case.

The District Attorney shall notify any crime victims that are necessary for the case.

Applies to

Petition

A parent or guardian may be served by signing the Consent to Change Name(s) of Minor Children and Acknowledgment of Service form.

The easiest way to serve them is for them to sign the form called Consent to Change Name(s) of Minor Children & Acknowledgment of Service.

Service

Publication

Service by publication is available only for a parent or guardian who cannot be found after a diligent search and requires an Affidavit of Diligent Search and other paperwork.

Check box d if you want to serve a parent or guardian by publication. You can only use this method of service for people you cannot find, after making a diligent search. Service by publication requires additional paperwork including an Affidavit of Diligent Search and other forms.

Service

Publication

In some circumstances, the defendant may be served by publishing notice in a newspaper.

Finally, there are some situations that allow you to serve the Defendant by publishing a notice in the newspaper.

Service

Publication to opposing party

Service by newspaper publication is available in some circumstances.

Finally, there are some situations that allow you to serve the ===== PAGE 4 ===== Defendant by publishing a notice in the newspaper.

Service may be made through the sheriff's office, which files the entry of service.

 Entry of Service by the Sheriff's Office (Filed by Sheriff’s Office)

Service may be made through a private process server, which files the entry of service.

 Entry of Service by a Private Process Server (Filed by the Process Server)

Service may be made by an acknowledgment of service signed and notarized by the respondent.

 Acknowledgment of Service (signed/notarized by Respondent)

Service

Publication

Service by publication is available only when the respondent's location is unknown.

 Service by Publication (only if Respondent’s location is unknown)

Applies to

Response

The respondent should send the Petitioner a copy of the Response and Verification and should send copies of filed documents to the Petitioner.

This document tells the Court that you sent a copy of the Response and Verification to the Petitioner. A copy of everything that you file in this case should be sent to the Petitioner, and a copy of everything that the Petitioner files should be sent to you.

Service

Electronic service

EFSP registration consents parties to electronic service of documents other than subpoenas or summons.

c) Parties who register with the EFSP consent to receive E-Service of documents, other than service of subpoenas or summons.

Service

Email

A registered user consents to receive hearing or trial notifications by email as valid notice under USCR 8.3.

d) Any Registered User consents to accept e-mail notifications of a hearing or trial as valid notice required by USCR 8.3.

Service

Electronic service

An electronic service address is presumed valid when the party files court documents from it and has not filed and served notice that it is invalid.

e) An electronic service address is presumed valid for a party if the party files electronic documents with the Court from that address and has not filed and served notice that the address is no longer valid.

Applies to

Case initiation

The defendant or spouse may acknowledge service by signing and notarizing the applicable acknowledgment.

Acknowledgement of Service OR Acknowledgment of Service for Uncontested Divorce with Minor Children (Signed/Notarized by the Defendant/Spouse)

Applies to

Case initiation

Service may be effected by the Sheriff's Office, which files the entry of service.

Entry of Service by the Sheriff's Office (Filed by Sheriff’s Office)

Applies to

Case initiation

Service may be effected by a private process server, who files the entry of service.

Entry of Service by a Private Process Server (Filed by the Process Server)

Applies to

Case initiation

Service

Publication

Service by publication is an available service method under the separate Service by Publication packet.

Service by Publication (See “Service by Publication” Packet)

A consenting defendant may acknowledge service by signing an Acknowledgment of Service before a notary and returning it to the clerk.

If the Defendant agrees, the Defendant can sign an “Acknowledgment of Service” in front of a notary and return that form to the Clerk.

Service

Personal service

The sheriff's office or a private process server may personally serve the defendant.

Alternatively, the Sheriff’s Office or a private process server can personally serve the Defendant.

A defendant who agrees may acknowledge service by signing the form before a notary and returning it to the clerk.

If the Defendant agrees, the Defendant can sign an “Acknowledgment of Service” in front of a notary and return that form to the Clerk.

Service

Personal service to opposing party

The sheriff's office or a private process server may personally serve the defendant.

Alternatively, the Sheriff’s Office or a private process server can personally serve the Defendant.

Applies to

Legitimation case petition

Service

Personal service

The sheriff’s office or a private process server may personally serve the respondent.

Alternatively, the Sheriff’s Office or a private process server can personally serve the Respondent.

Applies to

Legitimation case petition

Service

Publication

In some situations, service on the respondent may be made by publishing a notice in a newspaper.

Finally, there are some situations that allow you to serve the Respondent by publishing a notice in the newspaper.

Service

Electronic service

The court may electronically issue, file, and serve notices, orders, and other documents subject to the order.

The Court may issue, file, and serve notices, orders and other documents electronically, subject to the provisions of this Order.