Superior Court of DeKalb County
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements13 rules
A request for referral to mediation must be in writing, signed by both parties, include the civil action number, and be taken to the Calendar Clerk.
Court's wording
• A written request signed by both parties must be taken to Calendar Clerk for a case to be referred to mediation (written request must include civil action number and signature of both parties)
An answer-filing package must include the answer, verification, financial affidavit, child-support worksheets and schedules, and certificate of service.
- Document
- Answer
Include
- •Certificate of service
Court's wording
• Checklist before filing: o Answer o Verification of Answer o Domestic Relations Financial Affidavit o Child Support Worksheet & Schedules o Certificate of Service
• Checklist for both parties to bring to hearing: o Domestic Relations Financial Affidavit o Child Support Worksheets & Schedules o Parenting Plan (see Family Law Information Center Resources available)
• Plaintiff must request temporary hearing (Rule Nisi) in writing (Rule Nisi form see Family Law Information Center Resources available)
- Document
- Request for temporary hearing
Must include
- •Rule Nisi
At least five days before the temporary hearing, both parties must exchange updated financial affidavits and child-support worksheets and schedules.
Court's wording
• 5 days before hearing date both parties must exchange updated Domestic Relations Financial Affidavits and Child Support Worksheets & Schedules;
o Take the following to Calendar Clerk: proof of service of Complaint; Rule Nisi form; Certificate of Service
• Checklist before filing: o Complaint for Divorce o Verification of Complaint o Summons o Domestic Relations Financial Affidavit o Child Support Worksheet & Schedules o Proper service form
When an agreement is reached, the plaintiff must file the settlement agreement, combined child-support worksheets and schedules, parenting plan, and child-support addendum.
Court's wording
• Plaintiff to file the following documents in Clerk’s Office: o Settlement Agreement o Combined Child Support Worksheet & Schedules o Parenting Plan o Child Support Addendum
• Checklist for Defendant to bring to hearing: o Domestic Relations Financial Affidavit o Child Support Worksheet & Schedules o Parenting Plan o Child Support Addendum o Copy of filed Certificate of Attendance at Divorcing Parents Seminar
At a final hearing after settlement, the plaintiff must bring copies of the settlement agreement, combined child-support worksheets and schedules, parenting plan, child-support addendum, both parents’ attendance certificates, income deduction order, and proposed final judgment and decree.
Court's wording
• Checklist for Plaintiff to bring to hearing: o Copies of filed Settlement Agreement, Combined Child Support Worksheet & Schedules, Parenting Plan and Child Support Addendum o Copies of Certificates of Attendance at Divorcing Parents Seminar for both parents o Income Deduction Order (see Family Law Information Center Resources available) o Final Judgment and Decree of Divorce Incorporating Settlement Agreement (see Family Law Information Center Resources available)
At a final hearing without settlement, the plaintiff must bring the financial affidavit, child-support worksheets and schedules, parenting plan, child-support addendum, attendance certificate, income deduction order, final judgment and decree, and a publisher’s affidavit if applicable.
Court's wording
• Checklist for Plaintiff to bring to hearing: o Domestic Relations Financial Affidavit o Child Support Worksheet & Schedules o Parenting Plan o Child Support Addendum o Copy of filed Certificate of Attendance at Divorcing Parents Seminar o Income Deduction Order (see Family Law Information Center Resources available) o Final Judgment and Decree of Divorce (see Family Law Information Center Resources available) o Publisher’s Affidavit (if applicable)
Any other persons or organizations, including representatives of the news media, desiring to record a court proceeding shall make application to the judge on the form in Exhibit A following this rule.
• 10 days before hearing date both parties must exchange updated Domestic Relations Financial Affidavits and Child Support Worksheets & Schedules;
Filing & Service rules
Service and Proof of Service Rules
The domestic-cases standing order must be served on the defendant with the complaint.
It shall be served on the defendant with the complaint.
Civil cases
Page 1 | STANDING ORDER GOVERNING STANDING ORDERS
For covered adoption actions, the Clerk's Office must serve the standing order on the plaintiff in person or by mail when the action is filed.
The standing order shall be served on the plaintiff by the Clerk's Office in person or by mail at the time of filing of any adoption action.
Civil cases
Page 1 | STANDING ORDER GOVERNING STANDING ORDERS
The Clerk's Office must serve the domestic-cases standing order on the plaintiff in person or by mail when the case is filed.
It shall be served on the plaintiff at the time of filing of any domestic cases by the Clerk's Office in person or by mail.
Civil cases
Page 1 | STANDING ORDER GOVERNING STANDING ORDERS
Service of the complaint is made through the Sheriff’s Office.
• Service by Sheriff’s Office
Page 1 | Step 2: Service of Complaint
The defendant must be served with the completed Rule Nisi form and certificate of service.
o Serve Defendant with completed Rule Nisi form and Certificate of Service
Page 1 | Step 3: Request for Temporary Hearing
The defendant must serve the plaintiff with the answer and all documents filed with it.
• Serve Plaintiff with Answer and all documents filed
Page 1 | Step 4: Answer Preparation and Filing
Filing Fees and Waivers
The filer must pay the service fee when filing the case and leave the service copy and payment with the clerk for forwarding to the Sheriff’s Office.
o Pay service fee at Clerk’s Office when you file the case and leave the service copy with the clerk. The clerk will forward your payment and legal documents to the Sheriff’s Office for service.
Page 1 | Step 2: Service of Complaint
The court service cost is $50, subject to change.
• Service cost $50.00
Page 2 | Superior Court Clerk’s Office
A $100 publication fee applies when publication is required, and court fees are subject to change.
• Publication fee, if applicable $100.00
Page 2 | Superior Court Clerk’s Office
The court filing cost is $210, subject to change, and payment options are listed on the clerk’s website.
• Filing cost $210.00 (please see Clerk’s website for payment options)
Page 2 | Superior Court Clerk’s Office