If you are seeking a divorce action through the Cobb County Superior Court you may want to look at the information provided on the following Web sites for informational purposes only.
While we recommend you consult an attorney on all legal matters, it is your right to navigate the system on your own. However, please understand this information does not constitute legal advice and, by law, officers of the court are not allowed to provide legal advice.
Where can I find an attorney?
Where do I file for divorce?
Where can I locate standard forms used to file a Divorce action?
Are there children under the age of 18 from this marriage?
Is this a contested divorce (no agreement)?
Scheduling an Uncontested Divorce Hearing
If represented by an attorney:
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.
If Self-Represented Litigant:
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 out with day one beginning from the date service is filed.
If service is by publication, the case will be scheduled 65 days out beginning with the first date the publication appears in the Marietta Daily Journal.
Getting a Qualified Domestic Relations Order (QDRO) Signed
If represented by an attorney:
An attorney for the moving party may present a QDRO in person, or submit by mail, to the Presiding Judge who granted the divorce, at the Superior Court of Cobb County, 70 Haynes Street, Marietta, Georgia 30090.
Important Note: The QDRO must be signed by the presenting attorney.
If Self-Represented Litigant:
A self-represented litigant may present a QDRO in person, or submit by mail, to the Presiding Judge who granted the divorce, at the Superior Court of Cobb County, 70 Haynes Street, Marietta, Georgia, 30090.
No appointment is necessary. If the Judge who granted the divorce is not on duty, the QDRO will be held in that Judge’s office until he is back on duty. The QDRO will then be forwarded to the Clerk of Superior Court for filing.
A certified copy may be obtained from the Clerk after a reasonable processing time (typically 3-4 days).
Important Note: The QDRO must be signed by both parties and notarized prior to presenting the QDRO to the Judge.
Getting an Academic Common Market Form signed by a Judge
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 GA 30090) on Monday OR Wednesday OR Friday at 11:00am. If you arrive after these appointed times, or come on a Tuesday or Thursday, you will not be heard and will have to come on a subsequent Monday, Wednesday, or Friday at 11:00am.
The student must appear in person and present the form along with their current driver’s license showing their address is in Cobb County, Georgia.
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 Superior Court South Building.
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.
Obtaining a Poverty Affidavit
Print and complete the Poverty Affidavit (If you are filing more than one case, a separate Poverty Affidavit is required for each case).
Have the Poverty Affidavit notarized. This must be done prior to presenting it to the Presiding Judge for review.
Poverty Affidavits are heard on Friday of each week in the Superior Court, 70 Haynes Street, Courtroom 4400 on the 4th floor, at 2pm. NO EXCEPTIONS for the day and time. If you arrive after the appointed time, you will not be heard, and have to come on a subsequent Friday.
Bring the notarized Poverty Affidavit, along with the completed and signed action (Complaint, Petition, etc.) you wish to file without paying the filing fee.
You must provide proof of income (such as pay stubs or unemployment checks) and your bills with your Poverty Affidavit.
For more information visit our Law Library. It is not a source of legal advice, but can be used for resource information.
Obtaining a Temporary Protective Order
Contact the Domestic Violence Office located on the 4th Floor of the Cobb Superior Court South Building at (770) 528-8024.
The procedure is the same for attorneys and for self-represented litigants.
Requesting an Emergency Hearing
Procedure to Request an Emergency Hearing
Step One: A verified Complaint (lawsuit) with a separate Motion for Emergency Hearing (also verified) must first be filed with the Clerk of Superior Court to get a Judge assignment. The Judge assignment is required because some Judges prefer to hear their own emergency hearings. The Clerk of Superior Court is located on the 1st Floor, Main Cobb Superior Court Building.
Step Two: A Rule Nisi (an Order to appear before the Assigned Judge) with the first available hearing date before the assigned Judge must be obtained from either the Clerk of Superior Court or the Assigned Judge.
Step Three: A courtesy copy of the verified Complaint (lawsuit) and Motion for Emergency Hearing must be presented by email to the Presiding Judge’s Staff Attorney at [email protected].
Step Four: The Presiding Judge and the Staff Attorney will review the verified Complaint (lawsuit) and Motion for Emergency Hearing to determine if 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) with a set date, time, and courtroom to appear before the Presiding Judge.
Step Six: Legal Service on the person/persons on the other side is required. The moving party (the person/persons requesting the emergency hearing) has the responsibility of seeing that the person/persons on the other side are personally served with the lawsuit and hearing date.
Legal Personal Service on the person/persons on the other side of an emergency hearing can be by a Cobb County Deputy Sheriff or by a Process Server (a process server is a person who delivers a court order and/or documents that compel a defendant’s presence in court. The process server cannot be a party to the particular case mentioned 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 by visiting our Forms Page. Scroll down and select, “Permanent Process Server Forms”. The process server lists and applications can all be found here.
- 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.