What Is Property Division in Georgia Divorce Law?
Movies and fiction will tell you that it may not be a good idea to butt heads with the law in Georgia. Even when it comes to divorce, this state takes justice seriously. As of 2010, Georgia is one of only 11 states that use juries in a divorce situation. In Georgia, the qualifying circumstance for a jury trial is property division, at the request of either spouse.
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Definition
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In the event of divorce, everything you and your spouse own or are liable for (such as mortgages and debts) will be divided into two categories: "marital" or "separate." The marital property must be apportioned between you before you can go your separate ways.
Law
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Georgia has no written statute that sets a firm formula for addressing property distribution, so a great deal of what happens at trial is open to the interpretation of the 12-person jury. Only money and property issues can be decided this way. Issues of child custody and visitation are solely up to the discretion of a judge.
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How Assets are Divided
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Georgia is an "equitable distribution" state. This differs from a "community property" state where assets and debts are generally split down the middle. In Georgia, marital property and debts are assigned to each spouse according to what the judge or jury thinks is "fair." Under Georgia law, a marriage is treated pretty much the same as a business partnership. If one business partner traditionally performed labor while the other stayed in the office and tended the books, they are still considered equal partners, and the same is true with divorce. Georgia presumes that the spouse who stayed home and raised the children contributed every bit as much to the marriage as the spouse who brought home the income.
Marital Property
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Marital property includes anything that was purchased or acquired from the day you got married until the day you filed the petition for divorce. This includes your car, that necklace you gave your spouse last Christmas (if you bought it with marital funds), even the 401(k) that you've been contributing to since you got a great new job. It doesn't matter if these assets are held solely in your name or jointly.
Separate Property
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Anything you brought into the marriage is yours and neither judge nor jury can dispute that--with one caveat. You would have to have isolated the asset during the marriage. For example, if you had a savings account worth $50,000 when you got married and you never put your spouse's name on that account, then it's safe. But if you took $10,000 of that money and invested it into something you both own, then that $10,000 loses its immunity.
When Children are Involved
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It is not unheard of in Georgia for a judge to postpone the sale of the family home (a major asset in any marriage) until the youngest of your offspring reaches the age of 18. This means that you can be sitting on equity in property that you can't access for a period of years--but it also means that your children have a safe and secure home until they fly the nest.
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References
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- Photo Credit Georgia state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
