Search results matching tag 'Georgia Divorce'

Georgia Debt Division Information, in a Divorce.

Divorce — Thu, 20 Nov 2008 14:45:53 GMT

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.

Information on Divorce, Georgia.

Divorce — Mon, 01 Sep 2008 13:49:35 GMT

Georgia divorce is referred to as petition for divorce. The divorce process will begin when one spouse files for divorce and the other spouse is served. Now you must be a resident of Georgia for at least 6 months and a resident of the county. To get a divorce in Georgia you can simply state that the marriage is irretrievably broken and that there is no chance of either spouse wanting the marriage to work. In Georgia you do not need to show any wrong doing of a spouse in the marriage to do through with the divorce. Now lets stop for a minute, that is if both spouses are in agreement of the divorce. If either spouse does not agree with the divorce then the spouse must prove one of the following on this list.

1. That your spouse is mentally incapable, now this must be proved, the the divorce process can proceed.

2. An alcohol or drug addiction, that has just worn the marriage down, and you can no longer handle it, then the divorce can proceed.

3. That you were deserted for at least a year, and have proof of this, the the divorce can proceed.

4. That there was adultery in the marriage, the divorce process and proceed.

5. Abuse or extreme cruelty in the marriage, the divorce process can proceed.

6. Sexual abuse against your or your children. the divorce process will proceed.

7. Your spouse was pregnant by another man then her husband, the divorce process can proceed.

8. A mental illness that is not curable,the divorce process can proceed.

As I said before, the divorce process will begin when one spouse files for divorce, the other spouse is then served and given a reasonable amount of time to respond to the divorce papers. Now everything can go smooth if both spouses are in agreement just like other states, if everyone agrees on the divorce, child support, child custody, debt division, property division then the divorce can be finalized out of court. If not a divorce date will be scheduled for trial.

Information On Georgia Debt Division.

Divorce — Fri, 27 Jun 2008 13:42:00 GMT

Georgia is one of the states that falls into as the marital property states, which means everything acquired DURING the marriage is to be split in a 50/50 way, or as fair as possible. If the spouses are at agreement and can easily distribute debt and property, then the divorce courts allow that, but if there is a fight on who gets what, the court steps in and splits the property, but now they do take certain factors into play on who gets what. Not all property is considered to be marital property. Such as inheritance, gifts, income from an investment before you were married, UNLESS you have commingled these things in with the marital property. As I say in most of my blogs on debt division, its important to always keep any information you have on anything you get. No one is ever prepared for a divorce or think they may get a divorce, but its always good to be prepared.

So lets take a look at how the divorce courts use certain information and factors on splitting the debt and property in a divorce.

1. The divorce courts will take a look at the age and health of each spouse, along with the length of the marriage, was the marriage and lengthy one of a marriage under 5 years.

2. The divorce courts will take a look at each spouses financial status, and also what they will be paying after the divorce, and the assets they have.

3. The divorce courts will take a look at each spouses income. and their jobs, along with will one be going back to school?

4. The divorce courts also take a look at each spouses needs, and each spouses debts.

There are so many factors that come into play on debt division in a divorce, its always the easiest if spouses can come to some sort of agreement themselves, but does not always happen that way, again, keeping all the records of your information is very important.

Information On Georgia Alimony.

Divorce — Thu, 26 Jun 2008 13:55:33 GMT

Today we are taking a look at Georgia alimony after a divorce. Now a temporary alimony can be awarded during the divorce process, to help a spouse get back on their feet during the process. Alimony in no shape or form is to be a punishment to another spouse after a divorce. Alimony can have to do with a lot of factors when a divorce takes places. If a spouse was use to be a full time housewife, has not worked in say 15 years, taking care of the kids, and has no schooling to get a descent job after a divorce to support themselves, that is one of the alimony after a divorce cases. It is to help spouses after a divorce return to their feet, get schooling if needed to return to the work force, and just get back into the swing of things as you would call it. A lot of people forget that if a person has been out of work for a lengthy amount of time, it can be hard after a divorce to start taking care of everything. So lets take a look at some of the factors that Georgia courts take a good look at when determining wither alimony after a divorce should be paid.

1. OK when the divorce courts are taking a look at alimony after a divorce, age of the spouse, and the length of the marriage have a lot to do with alimony after a divorce.

2. The divorce courts also look at the spouses financial resources, what money do they have coming in, what debt will the be paying...etc...

3. Now if one spouse has not been working, how long will it take a spouse after a divorce to get the right education and or find the right job after the divorce, to self support themselves, is highly looked at.

4. The divorce courts also look at what each spouse brought into the marriage, who paid the bills, who took care of the home is also looked at.

5. The divorce courts will also look at the earning capabilities of each spouse.

Georgia alimony can be modified at any time if there is a major chance to one of the spouses lives, such as a remarriage, a change in jobs, living environment, and death.

Information On Georgia Divorce.

Divorce — Wed, 25 Jun 2008 13:39:56 GMT

Georgia is a state that can get a little bit tricky also when it comes to divorce, as Alaska can, both seem to have certain rules in the divorce, that does make it a little harder for the divorce itself. Maybe that is to help some marriages to be saved, with therapy and counseling, who knows, or to stop people for thinking divorce is just an easy way out of not liking a certain situation, but what ever it is, Georgia holds a little bit harder rules for divorce. Divorce in Georgia is referred to as a petition for divorce, and you must live in Georgia and be a resident for at least 6 months to get a divorce, that is the easy part. In Georgia you can not get a divorce and say it was a wrong doing, in Georgia to get a divorce, BOTH spouses must be in agreement of the divorce, WHEN the papers are filed and served, see that's when the divorce process will legally begin, when the papers are served, but if the spouse is not in agreement you CAN NOT get a divorce, and so you must PROVE one of the following to receive a divorce.

1. To get a divorce, you must have proof that your spouse is mentally incapable.

2. To get a divorce, you must have proof that a spouse committed adultery.

3. To get a divorce you must prove that your spouse left you, deserted you for at least a year and that you were not taken care of in ANY way.

4. To get a divorce, you must have proof that a spouse has a drug or alcohol addiction.

5. To get a divorce, you must have proof that was extreme cruel treatment and or abuse in the marriage.

6. To get a divorce you must have proof that your spouse has an incurable mental illness.

7. To get a divorce, you must have proof that your wife is pregnant by another man.

8. To get a divorce, you must have proof that there was sexual abuse against their children.

So in Georgia, you must have strong proof, if both spouses are not in agreement over the divorce, so that is where things get a bit tricky, so when the papers are served, and everyone is in agreement or proof must come about, then the divorce can proceed. Again if it is a simple everyone in agreement divorce, and in agreement over everything, such as debt. property, child support, child custody, then the divorce can proceed without a trial. If there divorce is more in depth, then a trial date will be set.

Georgia Debt Division Information.

Divorce — Thu, 10 Apr 2008 14:38:07 GMT

As in most states Georgia falls as a marital property state, which means what you acquire in the marriage is to be split as equally as possible in the divorce. The divorce courts try to be as fair as they can to both spouses in the divorce, and split the property and debt as equal as they can. Now spouses can have a write up during the marriage and can also agree with each other what they split in the divorce, without the divorce courts doing it, but if there is not an agreement between spouses, then the divorce courts step in and divide the property and debt. Not everything in a divorce is considered to be marital property, so lets take a look at what is not marital property in a divorce.

1. Property that you inherit from family or otherwise, that is named for you, is not considered to be marital property in a divorce, but your own separate property, be careful to keep all record, and do not commingle with marital property.

2. Gifts that were given to you as a gift from your spouse are considered to be separate property in a divorce, again it is good to keep all information as possible on your gifts.

Now this is a look at what the divorce courts consider when dividing your property and debt, if the spouses can not agree on anything in the divorce.

1. The divorce courts take a look at each spouses financial status, what they will be paying after the divorce, and the spouses assets.

2. The divorce courts take a look at each spouses income along with future potential earning ability.

3. The divorce courts look at each spouses debts and what the future needs of each spouse.

Remember when having the divorce courts, or if even you and your spouse are separating the debts and property to have all your information and paper work that you can find. Collecting and having this information can help when deciding what you will get in the divorce.

Georgia Alimony Information.

Divorce — Wed, 09 Apr 2008 13:41:55 GMT

Alimony in any state is not a punishment to a spouse, after a divorce. It is for spouses that become use to a certain lifestyle, or have maybe quit work to become a full time housewife, after a divorce. It is for spouses that have maybe never worked or for lengthy marriages where age, will not allow for a person to get a job enough to support themselves, after a divorce. Alimony is got ordered for marital misconduct. There are several factors that the divorce courts look at when factoring in wither alimony will be paid after a divorce or not. Alimony can be paid for a short amount of time, up to years and even more. So here is the list of factors when Georgia is choosing if alimony will be paid after a divorce.

1. As I said above the length and the age of the spouses have a lot to do with factoring in if alimony will be paid in a divorce.

2. The financial resources of each spouse in the divorce, what money that they have coming in, and what will have to be paid out in debt after the divorce.

3. How long it will take a spouse to get the right education and be able to return to the work force, to be able to care for themselves after a divorce, alimony can be ordered until a spouse is working and taking care of themselves.

4. What each spouse brought to the marriage, who paid the bills, who was the home giver.

5.The earning abilities of each spouse after the divorce.

Alimony can be modified at anytime, if there is a change to either of the spouses lives. Alimony being modified after a divorce, can be change in job, living environment, remarriage, and death to a spouse. Temporary alimony can be awarded just during the divorce also while a spouse is getting back on their feet, Divorce courts look into many factors when deciding how long and when alimony is paid after a divorce.

Georgia Divorce.

Divorce — Tue, 15 Jan 2008 15:43:00 GMT

To file for a divorce in Georgia you must be a resident for at least 6 months to file for the divorce, a divorce in Georgia is referred to as a petition for divorce. You also must be a resident of the county you reside in to file for divorce. It is also allowed for a person to move out of state, but to file for the divorce against the other spouse, they must have lived in Georgia for at least 6 months, and the current spouse you are filing against must reside there. To get a divorce in Georgia you can simply state that the marriage is irretrievably broken and that there is no condition of you getting back together, which results in a divorce. In Georgia, you do not need to show any wrong doing of the other spouse in order to get the divorce. In some states you do need to prove that there was a wrong doing in the marriage to go through with the divorce process or marriage counseling is ordered, but both must be in agreement of the divorce when the papers are served. In the divorce process if both spouses are not in an agreement of the divorce, then the spouse filing for the divorce must prove one of the following or even more, for the divorce process to go through.

That the person is mentally incapable. Then the divorce process can proceed.
That the other spouse committed adultery. Then the divorce process can proceed.
That they were deserted in the marriage for at least a year, and not taken care of. Then the divorce process can proceed.
Alcohol or a drug addiction that has worn the marriage down. Then the divorce process can proceed.
Abuse and cruel treatment in the marriage, it is good to keep document and pictures if you are being abused. Then the divorce process and proceed.
A mental illness that is not treatable or curable. Then the divorce process can proceed.
That the wife was pregnant by another man other than her husband, during the marriage. Then the divorce process can proceed.
Sexual abuse against their children. Then the divorce process can proceed.

The divorce process which is the petition for divorce begins when papers are filed for divorce in the Superior Court. The other spouse will then be served with the divorce papers, and they will be given a descent amount of time to respond. In Georgia a divorce can not just grant a divorce If it is irretrievably broke down until thirty days after the other spouse is served with the divorce papers. If both spouses are in agreement of the divorce and all debt division, property division, .child custody, and child support, then the divorce can take place without going to trial. If there is any argument on any of these issues or the marriage, the divorce must go to trial, and also if there is a argument on the divorce, the other spouse must prove what was wrong in the marriage.