Wheeler County Clerk of Court

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Forms and Rules for Divorces & Other Civil Cases
Posted on 1/20/2017 1:14:24 PM


Visit the website for the Eighth Judicial Circuit for forms for pro se parties [without an attorney] at www.eighthdistrict.org/pro_se.htm.  Be sure to scroll down the page to search for available documents that apply to your case. You are about to file a petition pro se, that is, representing yourself without the benefit of any attorney's training and experience. The procedures in a court of law are not simple. The law requires certain steps be followed, certain papers filed, and certain evidence presented in order to authoirze a court to grant the petition. Therefore, although you have the right to represent yourself, we strongly urge you to consult with an attorney first in this matter. 

If you represent yourself, you alone are responsible for knowing and following the correct procedures. The office of the Clerk of the Superior Court is an administrative office charged with the duties of receiving and filing papers with the Court and recording legal documents. We are not licensed to practice law, and we are forbidden by state law to render legal advice, direction and services. Therefore, no one in this office will be able to answer any questions you may have regarding the correct procedures to follow. The judges of the superior Court must remain impartial, and may not practice law.  THerefore, neither judges nor any member of their staff will be able to answer any questions you may have regarding the correct procedures to follow. If you are uncertain of these procedures, you should not file your papers until you have resolved those uncertainties. 

The presiding civil judge must approve your Pro Se petition before filing. The Clerk's office will present the petition to the judge at the first opportunity. Upon approval and after payment ofr court costs, the petition will be filed with the Court. If the petition is not approved, you alone are responsible for discovering what the problem is and correcting it, without the aid of the Clerk's office or the Judge's office. In a divorce, if there are children of the marriage, current Georgia law requires that there must be a child support order in place. If there is no current order, you must contact the Child Support Enforcement Agency and obtain one before the divorce action will be shown to a judge for approval. There are certain forms required for filing with any divorce action, which the Clerk's office will provide. These forms must be completed before the petition is approved.