Representing Yourself in a Family Law Case (Pro Se)

If you do not have a lawyer and plan to handle your own family law case in the Eastern Judicial Circuit (Chatham County), this page is for you.

Note: This page contains legal information. It does not contain legal advice. Under the law, court staff cannot give you legal advice, cannot tell you what forms you need to complete, cannot tell you what to write on your forms, and cannot tell you what choice is best for you or your particular situation.

If you need legal advice, you need to talk to a lawyer. The Savannah Bar Association has an online directory of member lawyers who practice family law. You can find that directory here. Some lawyers offer free consultations.

What does it mean to be "pro se"?

"Pro se" means you are representing yourself without a lawyer. You have a right to do this, but you must follow the same rules, deadlines, and procedures as a lawyer would. If you miss a step or a deadline, your case could be delayed or dismissed.

What's a family law case?

In Georgia, family law cases are handled by Superior Court. Family law cases include:

• Divorce
• Child custody
• Child support
• Legitimation
• Changes to custody, visitation, and/or support (known as "Modification" actions)
• Contempt (when someone is not following an existing court order in a family law case)
• Adult name changes

Family law cases are sometimes referred to as "domestic cases" within the court system. The most common types of family law cases are described below.

Understanding Common Types of Family Law Cases

Family law cases can be uncontested (you and the other party agree on all issues) or contested (you and the other party disagree on one or more issues such as property, debt, custody, or support).

• Divorce. Georgia law requires that at least one spouse has lived in Georgia for six months before filing.
  • In an uncontested divorce with no minor children and no significant property, the process can be relatively straightforward.
  • In a contested divorce, the process can be much more complicated. It can involve hearings, gathering up documents and information requested by the other party, and a final trial. Representing yourself in a contested divorce can be really difficult and carries real risk.
• Legitimation. In Georgia, when a child is born to unmarried parents, the father has no legal parental rights until a court grants legitimation. A legitimation case asks the Court to legally establish the father-child relationship and may also address child support, custody, and visitation.
• Modification. If you already have a custody or visitation order and the circumstances have changed, you may ask (petition) the Court to modify it. To modify custody, you must show that there has been a material change in circumstances since the last order. You cannot simply re-argue what was decided before. Visitation may be modified once every two years since the last order; you do not have to show that there has been a material change in circumstances. If you already have a child support order and there has been a substantial change in income or the needs of the child, you may petition the Court to modify it. Georgia uses an Income Shares Model to calculate child support. The Georgia Child Support Commission provides an online calculator, which you can find here.

Understanding Common Legal Terms

Family law cases can involve a lot of unfamiliar words. Before diving into the process, you're encouraged to review this list of commonly used family law terms and their definitions:

Definitions

You can return to this list at any time as you move through your case.

Before You File

Ask yourself:

• What kind of case am I filing?
• Am I sure that my case should be filed in the Eastern Judicial Circuit (Chatham County) Superior Court?
• Do I know where the other person lives?
• Do I have minor child(ren) with the other person?

Different cases require different forms.

Steps in Most Family Law Cases

Step One: Get the correct forms.

This first step is very important. Family law forms take a lot of time to fill out, so it's really important to have the correct ones. Otherwise, you'll be wasting your own time and energy. Please do not use forms from another jurisdiction that you found by searching online. Form requirement in one jurisdiction may be different than the form requirements here in the Eastern Judicial Circuit (Chatham County).

At this time, the Court does not provide family law forms. The Court will accept forms from the following:

• The Family Law Resource Center. The Family Law Resource Center is a local, court-funded organization that helps pro se parties select, fill out, and file the correct family law forms for their situations.
• The Judicial Council of Georgia's Access to Justice Committee. This website includes checklists, forms for certain types of family law cases, and walkthrough videos showing you how to complete the forms.
• Odyssey Guide & File. This website is an "interview style" format: You answer questions and the software generates forms based on your responses. Forms are available for certain types of family law cases.

Step Two: Fill the forms out carefully.

• Write clearly.
• Fill out every section.
• Sign where required.
• Get forms notarized if needed.

Step Three: File your papers.

File your papers with the Chatham County Clerk of Superior Court. You may file your papers electronically using eFileGA or in person at the Clerk's Office (Judge Eugene H. Gadsden Courthouse, 400 W. Oglethorpe Avenue, Suite 178, Savannah, GA 31401).

If you are the Plaintiff/Petitioner, you must pay a filing fee unless the Court approves a fee waiver.

Step Four: Serve the other person.

The other person must legally receive a copy of what you filed. You usually cannot serve them yourself. Whether service is proper depends on the type of paperwork (what you're serving) and on the circumstances (such as whether you know where the other person lives). If you do not serve the other person properly, your case cannot move forward.

Step Five: If required, complete the Transitional Parenting Seminar.

If you and the other person have one or more minor children together, you'll both likely have to take a class called the Transitional Parenting Seminar. The seminar focuses on what children need to grow and develop and how you can help protect their feelings and emotional well-being (and your own) during stressful times. The Transitional Parenting Seminar is a four-hour, self-paced, online class, meaning you can start, stop, and return to it however makes sense for your schedule.

You can find more information here and you can register for it here.

Step Six: If required, attend mediation.

If your case is contested — meaning you and the other person disagree on one or more of the issues in the case — you'll both likely have to participate in mediation before your case goes to court. In mediation, you and the other person will work with a neutral person, the mediator, to see if you can resolve your issues. Unlike a court hearing, mediation is confidential and informal.

You can find more information on the mediation requirement here and complete the mandatory mediation screening form here.

Step Seven: Attend all court dates.

If the Court schedules a hearing, you must go. If you move after you file your case, be sure to update your address in court records by filing a change of address form with the Clerk of Superior Court.