Divorce Without Alimony In Georgia
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FAQ
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
If you qualify for uncontested divorce, you may not need to appear in court, you can file the paperwork on your own behalf, and the divorce can be made be final in as little as one month. You probably have an uncontested divorce if you and your spouse: Agree over shared property and finances.
If your divorce case is uncontested, you may not need to have an initial hearing. Your lawyers may be able to negotiate temporary orders and submit them to the court. If specific elements (i.e., child custody) are hotly contested there may be a need for a hearing before a judge.
What is a spouse entitled to in a divorce in Georgia? Under Georgia law, each spouse is entitled to an “equitable” share of the marital property. This does not equate to an equal division, but instead a “fair” split between the parties.
The judge will review the petitioners request and then the other person's response. He will ask questions to each side. He will ask why your ex doesn't agree with your asks and visa versa. He will explain what is the law for community property and ask each you to explain your side and then tell you what the law says.
You'll start by filing a complaint for divorce, or petition for divorce, with the legal grounds for your divorce and what issues you want the court to address. Divorces can either be contested or uncontested.
Contempt of Court Failure to appear in family court could result in anything from additional monetary fines to mandatory jail time.
Alimony in Georgia is not a guaranteed part of the your divorce. Circumstances such as adultery or abandonment nullify the spouses rights to request spousal support. Typically spousal support is awarded for a spouse ending a long term marriage (10+ years) where one spouse has minimal income earning potential.
If the bonus, or any portion of it, was earned before separation, that portion would be community property and you are entitled to half. If the bonus was earned after separation, it is income to your husband for support.
In some cases, a spouse may not be awarded alimony during the initial divorce proceedings but may revisit the issue of alimony payments in the future if their financial situation changes. If a spouse finds themselves in a difficult financial situation after a divorce is completed, they may request alimony.
