Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property and custody and visitation of children. The agreement is presented to the court as a settlement agreement and, upon approval, made an order of the court.
However, a judge always decides matters of child custody and visitation. If there is an agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the defendant has been served with the complaint for divorce. If there is a disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take up to several months.
What happens while I wait to go to court? Either of the spouses may request a temporary hearing. However, in most jurisdictions this will not take place until mediation occurs. This hearing is not a final trial. A temporary hearing resolves the issues of child custody, visitation, child support, alimony, debts and possession of property on a temporary basis until the final trial. The judge will issues a temporary order that applies only until the time of the final trial.
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The temporary order may also prohibit one party from interfering with the other party or the children and prevent the transfer and selling of assets. What Is mediation? Mediation focuses on the needs and interest of both parties rather than on rights and positions.
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The mediator has no authority to make a decision or impose a settlement upon the parties. While the parties may be ordered to a mediation session, any agreement reached is entirely voluntary. If a settlement cannot be reached, the parties lose none of their rights to a hearing in the matter, and the case will be released from ADR for placement on the next available court calendar.
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Anything that you own or that generates income is considered by the law under the category of property: Your car, your furniture, money in bank accounts, retirement plans, even a business or a profession is property. In a divorce action, property also means what you partially own and owe money on; it includes your debts. The law in Georgia, views marriage as a relationship between partners, taking into account the monetary and non-monetary contributions of each spouse to the family unit.
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Even if one of the partners never earned one dollar, that partner is considered to have contributed to the family's property or wealth and has rights to a percentage of that property. Back to Top. How does the law divide property? Georgia is an "equitable distribution state" which means that all marital property acquired during the marriage is subject to division.
Property brought into the marriage is not subject to division in a divorce. In order to divide up property in a divorce action, categories of property have been established. Marital property includes all property that was acquired during the marriage, regardless of how it is titled in whose name it is. Gifts from one spouse to another are marital property if they were purchased with marital funds. Pensions and business interests that were developed by one spouse are considered marital property if they were acquired during the marriage. In fact, the only property that the court may transfer from one spouse to another is half of a retirement plan, benefit package, pension, or profit sharing.
Non-Marital property refers to property acquired before marriage, through inheritance or by gift from a 3rd party, excluded by a valid agreement between parties; property directly traceable to any of these sources. What if it isn't clear what category the property fits into? In the absence of an agreement between parties, The court judge will decide what property is to be considered marital property.
Although the court cannot transfer the title of property from one spouse to another except for pensions and the like , it can make a money award to one party to compensate for the other party keeping the property. It can also order the sale of the property and division of the proceeds.
Did you put your spouse through school? Did you bring money into the marriage that you earned when you were single, or that came from an inheritance, etc. Have you been out of the job market for a number of years? Do you have assets? Consider: See 5 above. This situation will be compounded in a long term marriage particularly if the dependent spouse is sick.
Are any of these items family heirlooms or an inheritance from one spouse's side? Their welfare and best interests are primary in the eyes of the court. The court will favor their not being moved out of the family home which may mean that the family home will not be sold until the youngest child is 18 years old. This is a very different picture than if there are no children and one of the partners wants to "cash out" of the family home.
Relationship between Monetary Award and Alimony Alimony may be awarded to either spouse for their support and maintenance after the divorce.
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It is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Alimony may be paid in a lump sum of money or the award of some property. There are two types of property.
One type of property is real property, which is real estate.