Divorce
An uncontested divorce is where the parties agree on all issues of the divorce and may be granted 31 days after all divorce documents have been filed. Uncontested divorces are usually the quickest and most affordable divorces to obtain.
A contested divorce is where there are disagreements about any factors of the divorce. Some of these factors may include how assets or debt should be divided, custody of children, alimony, etc. Contested divorces are extensive and can continue for a significant amount of time.
Step 1: One party files a Complaint for Divorce
Step 2: Opposing party is served with a copy of the Complaint for Divorce
Step 3: Opposing party responds with an answer within 30 days
Step 4: Discovery process begins continues for up to 6 months
Step 5: The parties may have temporary hearings if necessary
Step 6: Mediation and attempt to reach settlement agreement
Step 7: Final Divorce trial if settlement was not possible
How will Assets Be Divided During a Divorce in Georgia?
In Georgia, assets obtained during the marriage is considered marital property and is subject to equitable division. Although equitable division does not require that the division be equal, it does require that it be fair.
Marital Property vs. Separate Property
Marital Property:
• Purchases during the marriage (homes, land, RV’s, vehicles, furniture, etc); does not matter who has their name on the deed/title
• Income during the marriage
• retirements earned during the marriage
Separate Property
• Gift received at any time
• Any property acquired before the marriage
• Inherited Property (even if received during the marriage)
Can Separate Property Convert to Marital Property?
Yes, under certain circumstances separate property can convert to marital property in Georgia.
