How Do I Modify or Appeal a Divorce Decree in Georgia?

Full question:

I want to take my ex husband to court to modify or overturn the final divorcee decree. I used a lawyer and all she did was take $4500 from me and got no where. Please advise me on the forms I need to take him back to court, how to get on a judges' docket, forms I need to file, forms to let him know he is going to be brought to court on this matter etc. Thank you so much. I appreciate all you can do for me. I need help immediately on getting forms to either overturn the original divorce decree and start all over or to modify. Which way to I go?

• Category: Divorce
• Subcategory: Modification
• Date: 04/07/2025
• State: Georgia

Answer:

If you choose to file a motion to modify the decree or file an appeal, a certificate of service is attached to the pleading to show that it was served on the other paty. After filing a pleading with the clerk of courts, along with payment of filing fees, the clerk will enter the filing into the court's docket.

When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.

After the entry of a final order, decision, or judgment, there are strict procedural deadlines as to the number of days within which an appeal must be filed. The time for appealing a final divorce decree in Georgia is 30 days. Grounds for appeal are extremely limited. An order of a court will not be reversed unless the appellant can show that either the order was clearly contrary to law or that the judge abused his or her discretion.

Likewise, there is limited review of trial judgments. It is not generally sufficient to show error in the conduct of trial; the appellant must show harm or prejudice that was caused by the error (for example, the introduction of evidence which the appellant argued was improper and without which the appellant most likely would have prevailed). Appellate courts disregard harmless errors or defects that do not affect the substantial rights of the parties in determining whether a particular case should be reversed.

We can assist you with searching to locate forms or we can draft add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. You can take a look at the forms below and see if they fit your need. If they do not, let me know and we may be able to add a form for your need. You may order a form or package by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.

Please see the following GA court rules to determine applicability:

5-6-35. (a) Appeals in the following cases shall be taken as provided....

(a) Appeals in the following cases shall be taken as provided in this
Code section:

(1) Appeals from decisions of the superior courts reviewing decisions
of the State Board of Workers' Compensation, the State Board of
Education, auditors, state and local administrative agencies, and lower
courts by certiorari or de novo proceedings; provided, however, that this
provision shall not apply to decisions of the Public Service Commission
and probate courts and to cases involving ad valorem taxes and
condemnations;

(2) Appeals from judgments or orders in divorce, alimony, and other
domestic relations cases including, but not limited to, granting or
refusing a divorce or temporary or permanent alimony or holding or
declining to hold persons in contempt of such alimony judgment or
orders;

(3) Appeals from cases involving distress or dispossessory warrants in
which the only issue to be resolved is the amount of rent due and such
amount is $2,500.00 or less;

(4) Appeals from cases involving garnishment or attachment, except as
provided in paragraph (5) of subsection (a) of Code Section 5-6-34;

(5) Appeals from orders revoking probation;

(6) Appeals in all actions for damages in which the judgment is
$10,000.00 or less;

(7) Appeals, when separate from an original appeal, from the denial of
an extraordinary motion for new trial;

(8) Appeals from orders under subsection (d) of Code Section 9-11-60
denying a motion to set aside a judgment or under subsection (e) of
Code Section 9-11-60 denying relief upon a complaint in equity to set
aside a judgment;

(9) Appeals from orders granting or denying temporary restraining
orders;

(10) Appeals from awards of attorney's fees or expenses of litigation
under Code Section 9-15-14;

(11) Appeals from decisions of the state courts reviewing decisions of
the magistrate courts by de novo proceedings so long as the subject
matter is not otherwise subject to a right of direct appeal; and

(12) Appeals from orders terminating parental rights.

(b) All appeals taken in cases specified in subsection (a) of this
Code section shall be by application in the nature of a petition
enumerating the errors to be urged on appeal and stating why the
appellate court has jurisdiction. The application shall specify the
order or judgment being appealed and, if the order or judgment is
interlocutory, the application shall set forth, in addition to the
enumeration of errors to be urged, the need for interlocutory appellate
review.

(c) The applicant shall include as exhibits to the petition a copy of
the order or judgment being appealed and should include a copy of the
petition or motion which led directly to the order or judgment being
appealed and a copy of any responses to the petition or motion. An
applicant may include copies of such other parts of the record or
transcript as he deems appropriate. No certification of such copies by
the clerk of the trial court shall be necessary in conjunction with the
application.

(d) The application shall be filed with the clerk of the Supreme Court
or the Court of Appeals within 30 days of the entry of the order,
decision, or judgment complained of and a copy of the application,
together with a list of those parts of the record included with the
application, shall be served upon the opposing party or parties as
provided by law, except that the service shall be perfected at or before
the filing of the application. When a motion for new trial, a motion in
arrest of judgment, or a motion for judgment notwithstanding the verdict
has been filed, the application shall be filed within 30 days after the
entry of the order granting, overruling, or otherwise finally disposing
of the motion.

(e) The opposing party or parties shall have ten days from the date on
which the application is filed in which to file a response. The response
may be accompanied by copies of the record in the same manner as is
allowed with the application. The response may point out that the
decision of the trial court was not error, or that the enumeration of
error cannot be considered on appeal for lack of a transcript of
evidence or for other reasons.

(f) The Supreme Court or the Court of Appeals shall issue an order
granting or denying such an appeal within 30 days of the date on which
the application was filed.

(g) Within ten days after an order is issued granting the appeal, the
applicant, to secure a review of the issues, shall file a notice of
appeal as provided by law. The procedure thereafter shall be the same as
in other appeals.

(h) The filing of an application for appeal shall act as a supersedeas
to the extent that a notice of appeal acts as supersedeas.

(i) This Code section shall not affect Code Section 9-14-52, relating
to practice as to appeals in certain habeas corpus cases.

(j) When an appeal in a case enumerated in subsection (a) of Code
Section 5-6-34, but not in subsection (a) of this Code section, is
initiated by filing an otherwise timely application for permission to
appeal pursuant to subsection (b) of this Code section without also filing
a timely notice of appeal, the appellate court shall have jurisdiction to
decide the case and shall grant the application. Thereafter the appeal
shall proceed as provided in subsection (g) of this Code section.

5-6-38. (a) A notice of appeal shall be filed within 30 days after entry
of....

(a) A notice of appeal shall be filed within 30 days after entry of
the appealable decision or judgment complained of; but when a motion
for new trial, a motion in arrest of judgment, or a motion for judgment
notwithstanding the verdict has been filed, the notice shall be filed
within 30 days after the entry of the order granting, overruling, or
otherwise finally disposing of the motion. In civil cases, the appellee
may institute cross appeal by filing notice thereof within 15 days from
service of the notice of appeal by the appellant; and the appellee may
present for adjudication on the cross appeal all errors or rulings
adversely affecting him; and in no case shall the appellee be required
to institute an independent appeal on his own right, although the
appellee may at his option file an independent appeal. The notice of
cross appeal shall set forth the title and docket number of the case,
the name of the appellee, the name and address of his attorney, and a
designation of any portions of the record or transcript designated for
omission by the appellant and which the appellee desires included and
shall state that the appellee takes a cross appeal. In all cases where
the notice of appeal did not specify that a transcript of evidence and
proceedings was to be transmitted as a part of the record on appeal,
the notice of cross appeal shall state whether such transcript is to be
filed for inclusion in the record on appeal. A copy of the notice of
cross appeal shall be served on other parties of record in the manner
prescribed by Code Section 5-6-32.

(b) Where a cross appeal is filed, only one record and, where
specified, only one transcript of evidence and proceedings need be
prepared and transmitted to the appellate court; but the cross appellant
may, at his election, require that such a separate record (and
transcript, if required) be transmitted. Where a cross appeal is filed
and only one record (and transcript, where required) is sent up, the
court shall by order provide for the division of costs therefor between
the parties if they are unable to do so by agreement.

(c) Notwithstanding subsection (a) of this Code section, where either
the state or the defendant wishes to appeal any judgment, ruling, or
order in the pretrial proceedings of a criminal case involving a
capital offense for which the death penalty is sought, such appeal
shall be brought as provided in Code Section 17-10-35.1.

5-6-32. (a) Whenever under this article service or the giving of any notice
is....

(a) Whenever under this article service or the giving of any notice is
required or permitted to be made upon a party and the party is
represented by an attorney, the service shall be made upon the attorney
unless service upon the party himself is ordered by the court. Service of
all notices and other papers hereunder and service of motions for new
trial, motions in arrest, motions for judgment notwithstanding the
verdict, and all other similar motions, orders, and proceedings may be
made by the attorney or party filing the notice or paper, in person or by
mail, and proof thereof shown by acknowledgment of the attorney or party
served, or by certificate of the attorney, party, or other person
perfecting service. Service of any paper, motion, or notice may be
perfected either before or after filing with the clerk thereof; and when
service is made by mail it shall be deemed to be perfected as of the day
deposited in the mail. Where the address of any party is unknown and the
party is not represented by an attorney of record, service of all notices
and other papers referred to above may be perfected on the party by mail
directed to the last known address of the party.

(b) Service of any notice, motion, or other paper provided for in this
article may be waived or acknowledged either before or after filing.