In Georgia, divorcing spouses who are unable to reach a mutual agreement must request a judicial divorce property distribution hearing. Since marital debts require repayment by both parties and creditors can hold each party separately liable for full repayment of those debts, spouses can compel debt repayment from spouses who do not contribute by filing a request for a temporary hearing.
Temporary Hearings
In Georgia, spouses who agree upon the decision to divorce can file for an uncontested divorce and receive a divorce decree after 31 days. Under Georgia law, either spouse can file a motion for a temporary hearing to resolve any immediate matters that must be resolved before their divorce is finalized. The hearing is not final, and judges will not award divorces during temporary hearings. However, judges can order temporary debt repayment or make temporary property awards. One spouse may request the other to repay debt or contribute to debt repayment until the court issues a final divorce decree. Temporary orders can also prohibit transfers of property until the final divorce decree or prevent intentional waste of marital property.
Equitable Property Distribution
Georgia is an equitable property state. Equitable property laws require judges to divide marital property equitably, not necessary equally, between spouses. Marital debt includes mutually acquired credit card debt, even though only one party was primarily responsible for accruing the debt. Martial debt also includes car loans and mortgage loans acquired during the marriage.
Lack of Formula
Georgia has no statutory formula for dividing marital debts and property during divorce and does not require its courts to use any set distribution formula when dividing marital property. Courts can consider marital fault, responsibilities of custodial parents, age, educational backgrounds and future earning capacities of each spouse and marital contributions of each spouse. If one spouse acquires debt after the date of separation or filing of divorce, then the court can order that spouse to be solely responsible for paying the debt.
Separate Property
As long as the parties did not acquire marital debt or convert separate debt into marital debt, then courts will order each party to be solely responsible for repaying separate debt. Separate property is not subject to equitable distributions. Separate property includes debts acquired by one spouse before the parties married. Examples of separate debt include mortgage loans for real property titled in only one spouse's name and purchased before the spouses married. However, if one spouse purchases the property after marriage after obtaining a loan to finance the purchase, then the house and debt are marital property, regardless of titling. Other examples include student loan debts and credit card loans obtained before the parties married.
0 comments:
Post a Comment