Partition Agreement Sample For Divorce In Georgia
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FAQ
Assets and earnings accumulated during marriage are divided equitably (fairly). In practice, often two-thirds of the assets go to the higher wage earner and one-third to the other spouse.
Georgia is not a community property state that requires an equal (50/50) division of marital property during divorce. Instead, the laws assign both spouses an equitable interest in all the property acquired during marriage, also known as equitable distribution.
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.
Understanding Atlanta's specific legal landscape is essential when drafting a separation agreement. Georgia law mandates that these agreements are binding only if both spouses sign them voluntarily and they cover all key aspects like child support and alimony.
“Does Dad have to move out?”. Not until ordered. Under Georgia law, both spouses have equal right to access the marital home until a judge has entered an order for exclusive possession. The can be in the form of a Temporary Protective Order if the wife has proper grounds to file for a protective order.
Is Georgia a 50/50 state when it comes to divorce? Not necessarily. Georgia is an equitable distribution state, meaning instead of dividing the marital property equally, a judge will divide the property fairly based on each spouse's financial and non-financial contributions to the marriage.
Any Property Bought During the Marriage If you purchased the house during the marriage, it belongs jointly to both spouses and will be split evenly in the divorce. This is true even if the house is in just one spouse's name.
Divorces can either be contested or uncontested. In uncontested divorces, both parties agree to the terms of divorce, such as child custody, the division of assets, or alimony. In contested divorces, the parties do not agree and must settle these terms in court.
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.