The divorce process can be intricate and emotionally exhausting. Many legal and financial matters must be addressed when a marriage ends, including the distribution of assets and debts, alimony, and child custody. This is especially true in Georgia, considered an “equitable distribution” state when dividing marital property during divorce.
So, what exactly is a wife entitled to in a divorce in Georgia? What assets might she have a claim on? Can she get alimony or the family home? This article will examine Georgia divorce laws and provide an overview of what a wife is typically entitled to in a divorce settlement.
Georgia divorce law states that marital property, which includes assets acquired during the marriage, will be divided equitably between the spouses. This is known as equitable distribution. The court examines various factors to determine a fair allocation of marital property. These factors include:
Marital property is generally defined as any asset acquired during the marriage, such as the marital home, retirement accounts, investments, vehicles, and personal property. Separate property owned by one spouse before the marriage is not considered marital property. Nevertheless, any growth in the worth of separate property throughout the marriage might be regarded as marital. You should reach out to an experienced divorce attorney for help navigating a divorce settlement.
The court has wide discretion in equitably dividing marital property between the spouses. The distribution does not need to be equal but must be fair based on the circumstances.
In addition to a share of marital property, a wife may be entitled to alimony in Georgia. The purpose of alimony is to provide financial support to an economically disadvantaged spouse after divorce. There are several types of alimony in Georgia:
To receive alimony in Georgia, the spouse must demonstrate financial need. Other factors considered are the spouses’ earning capacity, age, health, education, and standard of living established during marriage. Alimony is decided on a case-by-case basis. There are no formulas or guarantees when it comes to receiving alimony.
The marital home is often one of the most valuable marital assets. The house will be classified as separate or marital property in Georgia. A house owned by one spouse before marriage is considered separate property. However, a home purchased during the marriage will likely be deemed marital property subject to equitable division.
There are a few scenarios that frequently come up with the marital home:
Ultimately, there is no guarantee that a wife will be awarded the marital home. The court will seek to divide it fairly based on the situation. Wives who wish to remain in the home should be prepared to buy out their spouse’s share.
Child custody is often a highly contested matter in divorce. Georgia family courts determine custody based on the best interests of the child. Unlike property division, custody is not based on consideration of marital misconduct. The court will evaluate factors like the child’s preference, relationship with each parent, and which parent has historically been the primary caregiver.
Georgia recognizes joint legal custody, where both parents have a voice in major child welfare decisions. Georgia prefers that children maintain frequent contact with both parents for physical custody. This leads many couples to seek shared joint physical custody arrangements. However, one parent may be awarded sole physical custody if deemed in the child’s best interests.
For more contentious divorces, a custody evaluation may be ordered to provide recommendations to the court. But in most cases, parents can reach a joint custody agreement through mediation if both parties are willing to cooperate and compromise.
Navigating the intricacies of property division, spousal support, and child custody can be extremely difficult without legal guidance. Hiring an experienced Georgia divorce attorney is highly recommended to protect your rights in the divorce process.
An attorney can:
Even if your divorce appears simple and amicable, consulting a knowledgeable family law attorney, like Edwards Family Law, is recommended to ensure spouses get what they are entitled to. They can review your situation, explain your rights, and help ensure your interests are protected. Though it adds an expense on top of the divorce costs, a lawyer’s services are extremely valuable.
A: You can hire experienced divorce lawyers to negotiate an agreement or request the court make a decision on property division. Mediation is another option to try to reach a settlement.
A: The court will classify the home as separate or community property. It can order the house sold and proceeds divided if you are unable to reach an agreement.
