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Domestic Relations Financial Affidavit: What You Should Know

You must prepare and file a Georgia domestic relations financial affidavit each time you want a financial award or a divorce from your spouse.  To obtain a Georgia financial affidavit, you must file a request under the Georgia Uniform Marriage and Dissuasion Act (UGA) (Chapter 13-4) with the court clerk's office in the county in which you plan to have a family or file a request with the county divorce court (or with the court in which the spouse lives). You must pay the filing fee for each application to the court (called a “summons”) or the county divorce court (called a “petition”).  The fee is based on the jurisdiction the case is in (or in a county with a very low divorce rate, like Athens-Clarke County). For example, here in Athens-Clarke County—the most populous in Georgia—there are two different courts that process requests for a Georgia financial affidavit: You can apply to the court where the spouse who is currently paying you, or you plan to be living if there is no one willing and able to pay.  The clerk's office in either of these courts will verify that you are the legal beneficiary of the assets being listed on the petition. In all other situations the clerk will look over the financial statement to verify your income and expenses. Once the court approves the financial affidavit, you will get a copy of it from its clerk. What is a Financial Affidavit? The purpose of your financial affidavit is to help determine whether you are eligible to receive a domestic relations financial award.  You need to complete a financial affidavit in order for the Court to make an order of financial support.  A financial affidavit does not need to be based on a formal order of support. For example, if the Court determines that, on the basis of a Georgia domestic relations financial affidavit, you have a net worth of 30,000.00 (to whom you are responsible for all your own legal, Social Security, insurance, medical, etc. expenses) and the Court orders that you receive 6,000.00/month in monthly support from your current spouse (who currently pays half of your expenses), the court would make an order of financial support. Your spouse will receive the 6,000.00.

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