§ 19-5-12.Form of judgment and decree
Chapter 5. Divorce · Last amended 2024 · Last verified October 9, 2026
Full Text of § 19-5-12
Plain-English Summary
Every Georgia divorce ends with a document shaped by this section. Subsection (a) says the final judgment must conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It must be in form “substantially as follows” — close to the model, not word for word. The model decree declares a total divorce, which it calls a divorce a vinculo matrimonii (Latin for “from the bond of marriage”). It sets aside and dissolves the marriage contract from the date of the decree as fully as if it had never been made, declares the parties separate individuals unconnected by any marriage, and states that both have the right to remarry. It is dated and signed by the superior court judge.
Subsection (b) lists clauses the decree shall include when they apply: one restoring the petitioner’s or respondent’s prior or maiden name, one awarding custody of the children, and one fixing alimony. Name restoration ties to § 19-5-16, which also allows a later motion to restore a birth-certificate surname.
Subsection (c) governs cases involving child support. The judgment must include all the information required by § 19-6-15(c)(2) — among other things, the sum certain amount, its duration and which parent pays; how, how often, to whom and until when it is paid; a written finding of each parent’s gross income; whether health insurance for the child is reasonably available at reasonable cost; findings on any deviations from the presumptive amount; the noncustodial parent’s court-ordered parenting time; and each parent’s percentage of future uninsured healthcare expenses. The child support worksheet and any schedule used to calculate the final award must be attached, and the judgment must state a sum certain amount of child support.
Subsection (d) adds that, when applicable, the judgment shall include the ability to use income withholding orders under §§ 19-6-30 and 19-6-32. The section was amended most recently in 2024.
Frequently Asked Questions
What does a Georgia final judgment and decree of divorce say?
It grants a total divorce, dissolves the marriage contract from the date of the decree as if it had never been made, declares the parties separate individuals, and states that both have the right to remarry. When they apply, it also restores a prior or maiden name, awards custody, fixes alimony, and sets out child support with the worksheet attached.
When can I remarry after my Georgia divorce is final?
Can my Georgia divorce decree change my name back?
Yes, if you ask. The final judgment may restore a maiden or prior name if requested, and subsection (b) supplies the clause the court uses. Under § 19-5-16(a), a party asks for this in the pleadings, and the decree must then restore the name requested. If you did not ask in time, § 19-5-16(b) allows a later motion to restore your birth-certificate surname.
Does my Georgia divorce decree have to include the child support worksheet?
Yes, in any case involving child support. The final judgment must have attached the child support worksheet showing the calculation of the final award and any schedule prepared to calculate it. It must also state a sum certain amount of child support and include all the information listed in § 19-6-15(c)(2).
What does a vinculo matrimonii mean?
It is Latin for “from the bond of marriage.” The decree form in this section uses the phrase to describe a total divorce — one that fully dissolves the marriage, setting the marriage contract aside as if it had never been made and leaving both parties free to remarry.
Amendment History
Laws 1802, Cobb's 1851 Digest, p. 224; Laws 1946, p. 90, § 9; Laws 1979, p. 466, § 4; Laws 1995, p. 603, § 1; Laws 1996, p. 453, § 5; Laws 1999, p. 81, § 19; Laws 2005, Act 52, § 4, eff. Jan. 1, 2007; Laws 2006, Act 650, § 3, eff. Jan. 1, 2007; Laws 2017, Act 242, § 1-1, eff. July 1, 2017; Laws 2024, Act 428, § 8, eff. July 1, 2024.
Formerly Code 1863, § 3484; Code 1868, § 3507; Code 1873, § 3565; Code 1882, § 3565; Civil Code 1895, § 2438; Civil Code 1910, § 2957; Code 1933, § 30-116.