Georgia Debt Division Information, in a Divorce.
Again as we have discussed states vary from one to another on how they handle debt division in a divorce. Georgia is a pinch different then any state we have talked about so far. Even though they think that everything gained during the marriage is marital property and to be divided as equally as possible down the middle in the divorce, the divorce courts still take a moment to look at a few things before deciding who gets what in the divorce. Lets take a moment though to look at something before going into that. In Georgia they will allow the spouses to choose, if there is no conflict, if there is the divorce courts get to decide. Now there can also be written documents that the spouses do before they are married in case of divorce, saying who gets what. I think what they usually call a prenup can be very important, especially if you have property before or even inheritance that gets commingled with marital property that can be taken in a divorce.
Now when Georgia divorce courts are dividing the property down the middle they do take a moment to look at some things. Most community dividing of property they do not look at things, that is only in equitable split, but Georgia does take a few things into consideration. They do take a look at each spouses financial status and their income and the things they will have after the divorce, what they will be paying and so forth. Future needs are also looked at. So Georgia being a community property state still do take a few things into consideration.
Now as always as in most states there are certain things that can not be taken in a divorce, such as family inheritance, if you had a separate income before you were married, from an investment, and also items you had before. Again the important thing here is not to commingle it with marital property, because it can be taken in a divorce.