§ 19-5-5.Petition; contents and verification; demand for detailed statement
Chapter 5. Divorce · Last amended 1967 · Last verified October 9, 2026
Full Text of § 19-5-5
Plain-English Summary
A Georgia divorce begins with a written petition and process — the summons and service that bring the respondent into the case. The petitioner must verify the petition — in general terms, confirm under oath that its contents are true. The section does not prescribe the form of the verification. That sworn quality matters later: in an undefended case, § 19-5-10 lets the court decide matters on the verified pleadings.
Subsection (b) lists six things the petition must show: the respondent’s residence or last known address; that the petitioner meets the residence requirements of § 19-5-2, or is bringing a counterclaim and need not meet them; the date of the marriage and the date of the separation; whether there are any minor children of the parties, with the name and age of each; the statutory ground for divorce under § 19-5-3; and, where alimony, support or division of property is involved, the parties’ property and earnings, if known. That last item has a built-in allowance — a petitioner who does not know the other spouse’s finances need state them only “if such is known.”
Subsection (c) gives the respondent a way to pin down the accusations. At any time before trial, the respondent may file a written demand for a detailed statement of the facts on which the grounds in the petition rest. The respondent must serve a copy of the demand on the petitioner or the petitioner’s counsel of record, and the facts demanded must then be added to the petition by amendment. This is most useful when the petition names a fault ground, such as adultery or cruel treatment, in general terms.
Frequently Asked Questions
What has to be in a Georgia divorce petition?
Six things: the respondent’s residence or last known address; facts showing the petitioner meets the residence requirements (or is counterclaiming and need not); the dates of marriage and separation; whether there are minor children, with each child’s name and age; the statutory ground for divorce; and, where alimony, support or property division is involved, the parties’ property and earnings if known.
Does a Georgia divorce petition have to be verified?
Yes. Subsection (a) says the petition must be “verified by the petitioner.” This section does not spell out how to verify. In general, a verification is a sworn statement that the contents of the petition are true, and it is usually signed before a notary or another officer authorized to administer oaths. A verified petition can later serve as proof in an undefended case under § 19-5-10.
Do I have to list my children in my Georgia divorce petition?
Yes. The petition must show whether there are any minor children of the parties and the name and age of each minor child. That information lets the court address custody and child support, and a final judgment that involves child support must include the details required by § 19-5-12(c).
What if I don’t know my spouse’s income or property?
The section allows for that. Where alimony, support or division of property is involved, the petition must show the property and earnings of the parties “if such is known.” You state what you know. Other rules and the court’s processes govern how the missing information is gathered later in the case.
How can I find out exactly what my spouse is accusing me of in a divorce?
File a demand for a detailed statement. At any time before trial, the respondent may file a written demand for a detailed statement of the facts on which the petition’s grounds rest. The respondent must serve a copy on the petitioner or the petitioner’s lawyer, and the requested facts must then be added to the petition by amendment.
Amendment History
Laws 1802, Cobb's 1851 Digest, p. 223; Laws 1946, p. 90, § 4; Laws 1967, p. 761, § 1.
Formerly Code 1863, § 1675; Code 1868, § 1716; Code 1873, § 1717; Code 1882, § 1717; Civil Code 1895, § 2432; Civil Code 1910, § 2951; Code 1933, § 30-105.