19-5-12
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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
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, the form of the
judgment shall also include provisions indicating both
parentś
income, the number of children for which support is being provided, the
presumptive amount of child support award calculation, and, if the presumptive
amount of child support is rebutted, the award amount and the basis for the
rebuttal award. The final judgment shall have attached to it the child support
worksheet containing the calculation of the final award of child support and
Schedule E pertaining to deviations. The final judgment shall specify a sum
certain amount of child support to be paid.
(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.