Georgia Verified Complaint for Divorce: Understanding the Notarized Verification Requirement Under O.C.G.A. § 19-5-5

Filing for divorce in Georgia begins with a critical step: filing a written petition with the Superior Court. Under Georgia law, this petition must be verified — meaning the person filing it must swear under oath that the information contained in the petition is true and correct. This verification must be signed before a notary public.

What Is a Verified Complaint for Divorce?

A Verified Complaint for Divorce (also called a Petition for Divorce) is the formal legal document that starts a divorce case in Georgia. It states the grounds for divorce, confirms that the residency requirements are met, and outlines information about the marriage, separation, minor children, property, and requested relief.

What makes it verified is the separate Verification — a sworn statement attached to the complaint in which the plaintiff swears or affirms, before a notary public, that the facts in the complaint are true. In Gwinnett County, the Superior Court provides a standard Verification form that must be signed in the presence of a notary.

Why Does Georgia Law Require Notarization?

Under O.C.G.A. § 19-5-5, every divorce petition must be verified by the petitioner. The statute states: “The action for divorce shall be brought by written petition and process, the petition being verified by the petitioner.”

The verification requirement serves several important purposes:

• Legal accountability — The plaintiff attests under oath that the information is truthful, subject to penalties for perjury if found false.
• Evidence in undefended divorces — Under O.C.G.A. § 19-5-10, the verified petition can serve as evidence in an uncontested or default divorce, allowing the court to grant the divorce on the sworn pleadings alone.
• Summary judgments — A verified petition can support motions for summary judgment on issues like property division or alimony, reducing the need for lengthy hearings.

The notary's role is to confirm the identity of the person signing and ensure the oath or affirmation is properly administered. Without notarization, the verification is invalid, and the court may reject the filing.

Official Forms and Resources

The Georgia Judicial Council publishes statewide divorce forms, including:

• Complaint for Divorce with Minor Children — Includes a built-in notarized Verification page
• Georgia Courts Divorce Forms Portal — All official divorce forms
• Gwinnett County Superior Court Forms — Local divorce forms including the Verification template

Additionally, the Gwinnett Family Law Clinic provides a standalone Verification form compatible with any complaint or petition filed in Gwinnett County Superior Court.

What Happens If You Don't Notarize?

Filing a divorce complaint without a properly notarized verification may result in the court rejecting the filing or striking the unverified pleading. The defendant may also file a motion to dismiss or strike the complaint if it lacks proper verification. To avoid delays, always sign the verification before a notary public before filing with the clerk.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.