Superior Court Administration
Presiding Matters
Step One: A verified Complaint with a separate Motion for Emergency Hearing must first be filed with the Clerk of Superior Court to get a Judge assignment. The Judge assignment is required because some Judges prefer to hear their own emergency hearings. The Clerk of Superior Court is located on the 1st Floor, Main Cobb Superior Court Building.
Step Two: A Rule Nisi with the first available hearing date before the assigned Judge must be obtained from either the Clerk of Superior Court or the assigned Judge.
Step Three: A courtesy copy of the verified Complaint and Motion for Emergency Hearing must be presented in person to the chambers of the Presiding Judge located on the 4th Floor, Cobb Superior Court South Building.
Step Four: The Presiding Judge and the Staff Attorney will review the verified Complaint and Motion for Emergency Hearing to determine if the issues authorize an emergency hearing.
Step Five: If the Presiding Judge determines the case should be heard on an emergency basis, a Rule Nisi will be issued by the Presiding Judge containing a set date, time, and courtroom to appear before the Presiding Judge.
Step Six: Service on the opposing side is required. The moving party is responsible for serving the opposing side.
PLEASE NOTE:
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Procedure to Schedule an Uncontested Divorce Hearing
IF REPRESENTED BY AN ATTORNEY:
An attorney may request a hearing date for the Uncontested Divorce Calendar, if service has been perfected, by coming in person to see the Civil Calendar Clerk or by phoning the Civil Calendar Clerk in the Clerk of Superior Court’s Office located on the 1st Floor, Main Cobb Superior Court Building, (770) 528-1334.
IF PRO SE LITIGANT:
A Pro Se litigant must appear in person to request a hearing date for the Uncontested Divorce Calendar before the Presiding Judge by seeing the Civil Calendar Clerk in the Clerk of Superior Court’s Office located on the 1st Floor, Main Cobb Superior Court Building.
Proof of service must be presented to the Civil Calendar Clerk, either by Acknowledgment of Service, or by Sheriff’s entry sheet.
Once proof of service has been obtained and the pro se litigant appears in person to the Civil Calendar Clerk, a hearing date will be scheduled 50 days out with day one beginning from the date service is filed.
If service is by publication, the case will be scheduled 65 days out beginning with the first date the publication appears in the Marietta Daily Journal.
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Procedure to Get a Qualified Domestic Relations Order (QDRO) Signed
IF REPRESENTED BY AN ATTORNEY:
An attorney for the moving party may present a QDRO in person, or submit by mail, to the Presiding Judge who granted the divorce, at the Superior Court of Cobb County,
30 Waddell Street, Marietta, Georgia 30090-9642.
**IMPORTANT NOTE: The QDRO must be signed by the presenting attorney.
IF PRO SE LITIGANT:
A Pro Se litigant may present a QDRO in person, or submit by mail, to the Presiding Judge who granted the divorce, at the Superior Court of Cobb County, 30 Waddell Street, Marietta, Georgia, 30090-9642.
No appointment is necessary. If the Judge who granted the divorce is not on duty, the QDRO will be held in that Judge’s office until he is back on duty. The QDRO will then be forwarded to the Clerk of Superior Court for filing. A certified copy may be obtained from the Clerk after a reasonable processing time (typically 3-4 days).
**IMPORTANT NOTE: The QDRO must be signed by both parties and notarized prior to presenting the QDRO to the Judge.
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Procedure to Obtain a Temporary Protective Order
Contact the Domestic Violence Office located on the 4th Floor of the Cobb Superior Court South Building. (770) 528-8024.
Note: The procedure is the same for Attorneys and for Pro Se Litigants.
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Procedure to Obtain a Poverty Affidavit
Go to website lawlibrary.cobbcountyga.gov/forms.htm This site is for resource information only. It is not a source of legal advice.
Scroll down to Poverty Affidavit Forms.
Print and complete the Poverty Affidavit (If you are filing more than one case, a separate Poverty Affidavit is required for each case).
Have the Poverty Affidavit notarized. This must be done prior to presenting it to the Presiding Judge for review.
Bring the notarized Poverty Affidavit along with the completed and signed action (Complaint, Petition, etc.) you wish to file without paying the filing fee to the chambers of the Presiding Judge located on the 4th Floor, Cobb Superior Court South Building.
You must provide proof of income (such as pay stubs or unemployment checks) and your bills with your Poverty Affidavit.
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Procedure to get an Academic Common Market Form signed by a Judge
Students wishing to pursue study in uncommon programs not available within their home state may be able to take advantage of the Academic Common Market. This is a program whereby legal residents of 16 southern states can attend specified out-of-state graduate programs without paying out-of-state tuition.
The Academic Common Market Form (ACMF) is obtained by contacting the Southern Regional Education Board at 404-875-9211.
The ACMF must be completed and notarized prior to presenting the form to the Presiding Judge for signature.
Bring the completed and notarized ACMF to the chambers of the Superior Court Presiding Judge located on the 4th Floor, Cobb Superior Court South Building.
No appointment is necessary. However, the best times to present the completed ACMF to avoid a lengthy wait time are Monday-Friday between the hours of 9:00-9:30 a.m.; 1:30-2:00 p.m.; and 4:00-5:00 p.m.
PLEASE NOTE
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