Assets or debts that either spouse had before your marriage, or acquired after the permanent separation, are considered separate property or debts. Generally, each spouse will keep their separate property and be responsible for their separate debts. If both spouses can agree on how to divide marital property, the court will simply approve agreement. If the spouses can’t agree, the court will divide the property. Marital property generally includes the following: • A home if purchased with... Read Full Story
Georgia offers the option of “no-fault” divorce. In a no-fault divorce, you need that prove that your spouse is to blame, you merely tell the court that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your relationship. Georgia permits 'irreconcilable differences' type of no fault divorces as well as fault divorces. No fault divorce law eliminates requirement of "proof of fault" by providing for the dissolution of a marriage on a finding... Read Full Story
Even if you divorce is going to be an uncontested divorce, you want to ask an attorney to look over your paperwork and review your settlement agreement. If either spouse has retirement benefits through work, an attorney will be needed to prepare the court order to divide them. There is no formal trial in an uncontested divorce, and the spouses probably won’t have to ever appear in court. Instead, you file court forms and a “marital settlement agreement”. A “marital settlement agreement” is an... Read Full Story
Spousal support, also called “alimony” or “maintenance,” is designed to help a lower-earning spouse make it through the divorce and the transition into a new single life. Depending on the length of the marriage and the degree to which one spouse was financially dependent on the other, support can last for many years. Alimony may be awarded to a spouse unless that spouse is guilty of desertion or adultery. At the time of deciding alimony, the court will consider marital conduct, participation... Read Full Story
In Georgia, you can argue that fault should be considered in setting spousal support. You can make this argument whether or not you filed for divorce on the basis of fault. If the higher-earning spouse committed adultery, was abusive, or is for some other reason at fault for the divorce, the support payment may be increased. If there’s only a certain amount of support that your errant spouse can afford, the court won’t order an unrealistically high payment. If you receive spousal support, you... Read Full Story
Georgia has strict residency requirements for divorce filings. You must live in Georgia for 6 months before you can obtain a divorce. If you live out of state, you may file against a Georgia resident. There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house. Having one spouse in the military affects: • where your divorce will be filed • how... Read Full Story
A contested divorce is one where the spouses argue so much over property or child custody that they can’t come to an agreement, and instead take these issues to the judge to decide. The judge and court clerks will be the main players in a contested divorce case. In Georgia, the jury can’t decide custody or visitation, only financial issues. Most divorce trials are not long, drawn-out affairs like trials you may have seen on television. Many take a day or two, or even just a morning. A divorce... Read Full Story
Divorce is regulated by state law. The state of Georgia recognizes common law marriage if created before 1/1/97. Under common law marriage, couples who act like they are married, hold themselves out to the world as married, and intend to be married are considered legally married. Filing joint tax returns, referring to each other as “husband” and “wife,” and using the same last name are typical indicators of a common law marriage. If you live in Georgia and your marriage was created before 1/1... Read Full Story
Every divorce case must go through some kind of court proceeding. Even if both spouses agree about how to divide their property and handle custody, visitation, and support issues, a judge will still have to grant the divorce. In most states, divorce cases, contested and no-fault are handled by a special court generally called “family court,” “domestic relations court,” or “divorce court.” These courts generally deal with only family-related cases such as divorce, child custody and support... Read Full Story
An uncontested divorce is possibly the best form of divorce if you are seeking a divorce. An uncontested divorce is the least expensive kind of divorce you can get. A contested divorce is one where the spouses argue so much over property or child custody that they can’t come to an agreement, and instead take these issues to the judge to decide. The judge and court clerks will be the main players in a contested divorce case. In Georgia, the jury can’t decide custody or visitation, only... Read Full Story
