Divorce & Debt in Georgia

In Georgia, when spouses cannot agree to a mutually acceptable property settlement agreement, they may request a judicial property division from family law judges or from a 12-member jury upon request. During the pending trial, Georgia Code Section 19, Section 19-5-7, Domestic Relations, prohibits spouses from transferring property, except as required by law, until the court issues a final divorce decree.

Property and Debts

Georgia courts divide marital property and liabilities using the legal equitable distribution rules. Equitable distribution allows judges to award property and divide assets as equitably as possible, although not necessarily equally between them. Judges will equitably divide marital property and debts but will allow separate property and debts to remain separate. As long as the spouse who owns the separate property did not convert separate property into marital property, then that spouse can retain sole possession. Examples of separate property that may become joint property include investment accounts acquired prior to the marriage, but commingled into the spouses' joint marital account after marriage.

Factors

Courts in Georgia are not obligated to follow any strict formula to divide marital debts between the parties. If one party requests the court to allocate a larger responsibility to pay marital debts to the other spouse, then that party must provide justification in support of the larger allocation. Spouses may ask judges or the 12-panel jury to consider marital fault if the party is seeking a fault-based divorce. Typical examples of fault in Georgia include desertion or abandonment, adultery, abuse and fraud. Additionally, one party may also offer evidence as to the party's personal sacrifices to maintain the marital home and care for the spouses' children, while the other spouse had the freedom to advance her career and job opportunities.

Superior Courts

Superior courts in Georgia will require the parties to exchange financial information during the legal discovery process. After discovery, attorneys for each party will provide the court with a list of assets and liabilities between them and the amount of each liability and fair market values of all property. The superior court judge will then conduct a review of all assets and liabilities and assess a monetary value to each. After the assessment, judges will divide both as fairly as possible.

Jury Verdict

Under Georgia Code, Title 19, Section 19, when one party requests a jury trial, then the court must order a jury trial. Judges will properly weigh the jury's verdict regarding distribution of marital debts and liabilities and incorporate the jury's findings into a written divorce decree apportioning the debts and assets between the spouses.

Considerations

Since family laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.