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Mosley Law

A domestic relations case filing information form should be filed with a petition for divorce. According to O.C.G.A.  9-11-3(a), "A civil action is commenced by filing a complaint with the court." Subsection (b) goes on to say that "At the time of filing the complaint for a civil action in superior court or state court, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall contain complete information and shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form. If, after a civil action has been filed, the court presiding over the civil action decides that the civil case filing form has not been filed or has been filed incorrectly, the court shall require the plaintiff to file the civil case filing form or an amended form. In no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action." If one goes to file a divorce and forgets to take a domestic relations case filing information form, he or she just might be able to get one from the clerk to add to his or her complaint. If not, the clerk may catch it later. However, it cannot stop a filer from filing, fortunately. O.C.G.A. Section 9-11-133 (a) states, "The forms set out in subsections (b), (c), (d), and (e) of this Code section or forms substantially similar to such forms are sufficient to meet the requirements for civil case filing and disposition forms...."

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