IMPORTANT
The Superior Court of Cobb County does not provide legal advice, nor is it engaged in the practice of law. This website provides general legal information only. According to O.C.G.A. 15-19-51, it is illegal for anyone but a duly licensed attorney to give legal advice.
By using this website and the links provided, you acknowledge and agree that the Superior Court of Cobb County and its staff are not responsible for any errors or omissions on the website, or any site linked within, nor for any damages resulting or alleged to result from its use or application.
Use these forms at your own risk. These forms may or may not be appropriate in your particular case. Any desired outcome from the use of these forms cannot be predicted or guaranteed. It is strongly recommended that you seek legal advice.
FAMILY LAW WORKSHOP
Before filing a case, self-represented litigants should attend the Family Law Workshop, a FREE presentation by an attorney that explains the court process for family law cases. The Workshop is offered monthly through Cobb Superior Court's Alternative Dispute Resolution (ADR) Office. For Workshop schedules and to register, call the ADR Office at 770-528-1812 or visit www.cobbcounty.org/adr
CO-PARENTING SEMINAR
Parents in divorce, custody and other family-law cases involving children are required to attend the Co-Parenting Seminar. The four-hour seminar costs $50 per person. For Co-Parenting Seminar class schedules and to register, call the ADR Office at 770-528-1812 or visit www.cobbcounty.org/adr
Court Administration Forms
Court Appearances, Other Forms and Information
Court Appearances
Request to Waive In-Custody Transport
Important Note: An attorney may request that an in-custody defendant not be transported for a routine court appearance using the Request to Waive In-Custody transport form above. Once completed, this form must be emailed or otherwise forwarded to both the assigned judge's office and the assigned prosecutor, in order for it to be effective.
Request to Use Recording Device (Rule 22)
Rule 22 (Request To Use A Recording Device Pursuant To Rule 22 On Recording Of Judicial Proceedings)
Jury Trial Calendars
DISCLAIMER: This calendar reflects the weeks jurors will be summoned. The calendar also reflects a TENTATIVE schedule for each Superior Court Judge to conduct jury trials. The schedule for judges is subject to change according to the needs of each judge, subject only to the availability of jurors.
Family Law Forms
General Forms
- Acknowledgment of Service and Waiver of Jurisdiction
- Acknowledgment of Service and Waiver of Venue
- Affidavit of Custody Election
- Certificate of Service
- Civil and Domestic Filing Form
- Civil and Domestic Disposition Form
- Domestic Relations Standing Order
- Financial Affidavit
- General Affidavit
- Income Deduction Order
- Request for Issuance of Fi.Fa.
- Rule Nisi
- Summons
- Temporary Order
- Verification
- Voluntary Dismissal
Service by Publication
Child Support Modification
Child Support Modification (Full Packet)
*Important Note: Child Support Worksheets must be completed online by visiting the Georgia Child Support Commission Website at: https://csconlinecalc.georgiacourts.gov/frontend/web/index.php
Individual forms contained within this packet:
- Instructions
- Notice of Child Support Requirements
- Child Support Guidelines
- Petition for Modification of Child Support
- Verification
- Rule Nisi
- Child Support Addendum/Order
- Domestic Relations Financial Affidavit
- Certificate of Service
- Final Order for Child Support Modification
- Respondent's Answer to Petition
- Respondent's Certificate of Service
- Summons
- Civil and Domestic Filing Form
- Civil and Domestic Disposition Form
Contempt
Individual forms contained within this packet:
- Instructions
- Petition for Contempt
- Verification
- Summons
- Rule Nisi
- Certificate of Service
- Final Order
- Case Filing Information Form
- Case Final Disposition Form
Response to Contempt (Full packet)
Individual forms contained within this packet:
Correct a Birth Certificate
Correct a Birth Certificate (Full Packet)
Individual forms contained within this packet:
Declaration of Sole Custody
This petition is intended for mothers attempting to obtain a passport for a minor child born out of wedlock. These forms cannot be used if there is already a child custody order in place.
Declaration of Sole Custody (Full Packet)
Individual forms contained within this packet:
Divorce With Children
Divorce With Children (Full Packet)
*Important Note: Child Support Worksheets must be completed online by visiting the Georgia Child Support Commission Website at: https://csconlinecalc.georgiacourts.gov/frontend/web/index.php
Click here for a video on Custody Concerns: https://www.youtube.com/watch?v=m5U2qjdK6D0
Individual forms:
- Instructions
- Case Filing Information Form
- Complaint for Divorce with Minor Children
- Verification
- Summons
- Acknowledgment of Service
- Acknowledgment of Service for Uncontested Divorce
- Domestic Relations Financial Affidavit
- Settlement Agreement
- Parenting Plan
- Case Final Disposition Form
Service by Publication
- Affidavit of Diligent Search
- Motion for Service by Publication
- Notice of Publication
- Order of Publication
Answer
Answer and Counterclaim
Divorce Without Children
Divorce Without Children (Full Packet)
Individual forms
- Instructions
- Case Filing Information Form
- Complaint for Divorce Without Children
- Verification
- Summons
- Acknowledgment of Service
- Acknowledgment of Service for Uncontested Divorce
- Domestic Relations Financial Affidavit
- Settlement Agreement
- Case Final Disposition Form
Service by Publication
- Affidavit of Diligent Search
- Motion for Service by Publication
- Notice of Publication
- Order of Publication
Answer
Answer and Counterclaim
Legitimation
Click here for a video on Custody Concerns: https://www.youtube.com/watch?v=m5U2qjdK6D0
Individual forms contained within this packet
- Instructions
- Petition for Legitimation
- Verification
- Mother's Consent to Legitimation
- Acknowledgment of Service
- Rule Nisi
- Order for Legitimation
- Visitation Schedule
- Domestic Relations Financial Affidavit
- Certificate of Service
- Case Filing Information Form
- Case Final Disposition Form
Answer to Petition for Legitimation
Answer and Counterclaim to Petition for Legitimation
Name Change of Adult
Name Change of Adult (Full Packet)
Click here for a video on LGBTQ+ Legalities, including name changes: https://www.youtube.com/watch?v=iekXKwYzCgQ
Individual forms contained within this packet:
Name Changes of Children
Children's Name Change (Full Packet)
Individual forms contained within this packet:
Poverty Affidavit
This is a sworn statement asking the court to waive the filing and service fees in your case due to poverty. If you are filing more than one case, a separate Poverty Affidavit is required for each case.
Complete the affidavit and have it notarized before presenting it for review. Bring the notarized affidavit, along with the completed and signed action (complaint, petition, etc.) you wish to file without paying the filing fee. You must also bring proof of income, such as pay stubs or unemployment stubs and copies of your bills.
Poverty Affidavits are heard each Friday at 2 p.m. in the Superior Court, 70 Haynes St., Courtroom 4400 (Fourth Floor). If you arrive after the appointed time, you will not be heard and will have to return on another Friday.
Poverty Affidavit (Full packet)
Individual forms:
Frequently Asked Questions
Court employees cannot give legal advice or tell you how to fill out forms. Here are some options if you need legal help:
* Cobb Bar Association Lawyer Referral Line, 770-424-2947
* Atlanta Legal Aid, Cobb office, 770-528-2565.
An attorney may request a hearing date for the Uncontested Divorce Calendar, if service has been perfected, by coming in person to see the Civil Calendar Clerk or by phoning the Civil Calendar Clerk in the Clerk of Superior Court’s Office located on the 1st Floor, Main Cobb Superior Court Building, (770) 528-1334.
A self-represented litigant must appear in person to request a hearing date for the Uncontested Divorce Calendar before the Presiding Judge by seeing the Civil Calendar Clerk in the Clerk of Superior Court’s Office located on the 1st Floor, Main Cobb Superior Court Building.
Proof of service must be presented to the Civil Calendar Clerk, either by Acknowledgment of Service or by Sheriff’s entry sheet. Once proof of service has been obtained and the self-represented litigant appears in person to the Civil Calendar Clerk, a hearing date will be scheduled 50 days from the date service is filed.
If service is by publication, the case will be scheduled 65 days from the first date the publication appears in the Marietta Daily Journal.
Go to the TPO Office located on the 4th Floor of the Cobb Magistrate Court Building, 32 Waddell Street, Marietta, Ga. 30090. The telephone is (770) 528-8024.
Procedure is the same for attorneys and for self-represented litigants.
Step One: A verified Complaint (lawsuit) with a separate, verified Motion for Emergency Hearing must be filed with the Clerk of Superior Court to get a Judge assignment. Some Judges prefer to hear their own such motions. The Clerk of Superior Court is located on the First Floor, Cobb Superior Court Building. The Motion for Emergency Hearing may be hand-written. It should explain why the case cannot wait for the first available date with the assigned Judge and needs to be heard as an emergency.
Step Two: A Rule Nisi (an Order to appear before the Assigned Judge) with the first available hearing date for that Judge must be obtained from either the Clerk of Superior Court or the assigned Judge.
Step Three: A courtesy copy of the verified Complaint and Motion for Emergency Hearing must be presented by email to the Presiding Judge’s Staff Attorney at Brett.Conway@cobbcounty.org.
Step Four: The Presiding Judge and the Staff Attorney will review the verified Complaint and Motion for Emergency Hearing to determine whether the issues authorize an emergency hearing.
Step Five: If the Presiding Judge determines the case should be heard on an emergency basis, the Presiding Judge will issue a separate Rule Nisi (an Order to appear before the Presiding Judge) specifying the date, time, and courtroom.
Step Six: Legal Service on the opposing party is required. The moving party (the person/persons requesting the emergency hearing) has the responsibility of seeing that the opposing party is personally served with the lawsuit and hearing date.
Legal Personal Service on the opposing party can be done by a Cobb Sheriff's Deputy or by a Process Server. A process server is a person who delivers a court order and/or documents that compel an individual's presence in court. The process server cannot be a party to the Complaint referenced in the documents. The process server must also show proof that the documents were in fact served, which is typically accomplished with a notarized proof of service.
The names of process servers approved by Cobb Superior Court can be found here.
PLEASE NOTE:
- A hearing date will not be provided over the phone.
- A request for emergency hearing will not be accepted through the U.S. Postal Service or by phone.
- Any delay in bringing an emergency request before the Court is deemed as evidence of a lack of a “true” emergency.
Students wishing to pursue study in uncommon programs not available within their home state may be able to take advantage of the Academic Common Market. This is a program whereby legal residents of 16 Southern states can attend specified out-of-state graduate programs without paying out-of-state tuition.
The Academic Common Market Form (ACMF) is obtained by contacting the State Coordinator at 404-962-3081.
The ACMF must be completed and notarized prior to presenting the form to the Presiding Judge for signature.
Bring the completed and notarized ACMF to Courtroom 4400 located on the 4th floor of the Superior Court (70 Haynes Street, Marietta, Georgia 30090) on Monday OR Wednesday OR Friday at 11 am.
The student must appear in person and present the form along with a current driver’s license showing the student's address is in Cobb County.
A Qualified Domestic Relations Order may be used when a portion of a retirement plan should be paid to another person, often as part of a divorce.
The QDRO must be signed by both parties and notarized before presenting it to the Judge. If an attorney for the moving party is presenting the QDRO, that attorney must also sign the QDRO.
A QDRO may be requested in person or by mail it to the Presiding Judge who granted the divorce, at the Superior Court of Cobb County, 70 Haynes Street, Marietta, GA 30090.
No appointment is necessary for presenting in person. If the Judge who granted the divorce is not on duty, the QDRO will be held in that Judge’s office until that Judge is back on duty. After it is signed, the QDRO will be forwarded to the Clerk of Superior Court for filing. A certified copy may be obtained from the Clerk.
If you are applying for a liquor license and need a Certificate of Residency signed by a Judge, you must present the Certificate of Residency form to the Probate Judge located on the 1st Floor, Cobb Magistrate Court Building, 32 Waddell Street, Marietta, Ga. 30090.
The Superior Court Presiding Judge will not sign a Certificate of Residency/Domicile for any foreign national wishing to obtain a document establishing or proving Georgia residency status.