Title 19, Chapter 5, Section 12
( 19-5-12)
(a) A final judgment of divorce shall be prepared so as to conform
to the pleadings and the evidence and may restore a maiden or prior
name, if requested. It shall be prepared in form substantially as
follows: FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as
provided by law, it is the judgment of the court that a total
divorce be granted, that is to say, a divorce a vinculo
matrimonii, between the parties to the above stated case upon
legal principles. It is considered, ordered, and decreed by the court that the
marriage contract heretofore entered into between the parties to
this case, from and after this date, be and is set aside and
dissolved as fully and effectually as if no such contract had ever
been made or entered into. Petitioner and Respondent in the future shall be held and
considered as separate and distinct persons altogether unconnected
by any nuptial union or civil contract whatsoever and both shall
have the right to remarry. Decree and order entered this ______ day of ______________, ____. _____________________
Judge, Superior Court (b) Where applicable, any one or more of the following clauses shall
be included in the form of the judgment: The court restores to (Petitioner/Respondent) his/her prior or
maiden name, to wit: ____________________________________________. The court awards custody of the children of the parties as
follows: ________________________________________________________. The court fixes alimony as follows: _____________________________. (c) In any case which involves the determination of child support
and only in such cases, the form of the judgment shall also include
provisions substantially identical to the following: In determining child support, the court finds as follows: The gross income of the father is __________ dollars monthly. The gross income of the mother is __________ dollars monthly. In this case child support is being determined for ______
children. The applicable percentage of gross income to be considered is: Number_of
Children Percentage_Range_of_Gross_Income
1 17 percent to 23 percent
2 23 percent to 28 percent
3 25 percent to 32 percent
4 29 percent to 35 percent
5 or more 31 percent to 37 percent Thus, ____ percent of __________ (gross income of obligor) equals
_______ dollars per month. The court has considered the existence of special circumstances
and has found the following special circumstances marked with an
"X" to be present in this case: _____ 1. Ages of the children. _____ 2. A child's extraordinary medical costs or needs in
addition to accident and sickness insurance, provided that
all such costs or needs shall be considered if no
insurance is available. _____ 3. Educational costs. _____ 4. Day-care costs. _____ 5. Shared physical custody arrangements, including
extended visitation. _____ 6. A party's other support obligations to another
household. _____ 7. Income that should be imputed to a party because of
suppression of income. _____ 8. In-kind income for the self-employed, such as
reimbursed meals or a company car. _____ 9. Other support a party is providing or will be
providing, such as payment of a mortgage. _____ 10. A party's own extraordinary needs, such as medical
expenses. _____ 11. Extreme economic circumstances including but not
limited to: _____ (A) Unusually high debt structure; or _____ (B) Unusually high income of either party or both
parties, which shall be construed as individual gross
income of over $75,000.00 per annum. _____ 12. Historical spending in the family for children which
varies significantly from the percentage table. _____ 13. Considerations of the economic cost-of-living factors
of the community of each party, as determined by the trier
of fact. _____ 14. In-kind contribution of either parent.
_____ 15. The income of the custodial parent. _____ 16. The cost of accident and sickness insurance coverage
for dependent children included in the order. _____ 17. Extraordinary travel expenses to exercise visitation
or shared physical custody. _____ 18. Any other factor which the trier of fact deems to be
required by the ends of justice, as described below:_____. Having found that no special circumstances exist, or special
circumstances numbered ________ exist (delete the phrase which
does not apply), the final award of child support which
_______________________ shall pay to _______________________ for
support of the child or children is __________ dollars per
week/month other period (delete those which do not apply and
insert as necessary) per child, beginning on the ______ day of
______________, ____, and payable thereafter on the ______ day of
______________ until the child becomes 18 years of age, dies,
marries, or otherwise becomes emancipated, except that if the
child becomes 18 years of age while enrolled in and attending
secondary school on a full-time basis, then such support shall
continue until the child completes secondary school, provided that
such support shall not be required after the child attains 20
years of age. _______________________ is ordered to provide
accident and sickness insurance for the child or children for so
long as he or she is obligated by this order to provide support
(insert name of party or delete this sentence if the order does
not include provision for insurance). (d) Where applicable, the court shall also include in the order the provisions of Code Section 19-6-30 concerning continuing garnishment for support and language in compliance with Code Section 19-6-32 concerning income deduction orders. |