How to Win a Divorce Marital Settlement in Georgia

The divorce marital settlement deals with property division, child support and custody.

In Georgia, couples are encouraged to work together on a divorce marital settlement to find something that is agreeable to both parties. In some cases, the couple may go to mediation to talk over the issues. In other cases, the couple may be able to reach an agreement on their own. Because both parties are looking out for their own best interests, it is important to go into the meeting knowing what you really want and what you are willing to give up.

Instructions

1. Make a list of everything you hope to take away from the marriage. This includes any property or assets, as well as how to split custody of the children, if applicable. Separate your list into your must-haves and negotiable items to help you with the negotiation process.

2. Talk to your spouse about what you want from the marital settlement. It is possible that you and your spouse may agree on some aspects and may find you have little to argue about.

3. Listen to what your spouse has to say about what he wants and why. Work together, if you can, to ensure that the final divorce marital settlement is fair to both of you. It can be hard to look at the divorce process from the other person's point of view, but it can help you negotiate the final settlement.

4. Attend a mediation session with your spouse to help figure out the areas in which the two of you do not agree. According to DivorceNet.com, Georgia is one of the most mediation-friendly states and encourages divorcing couples to seek the help of a mediator to settle issues among themselves. The Georgia courts prefer for couples to reach their own agreement as these agreements are better suited to the individual needs of each person.

5. Present your settlement to the judge. If there are areas in which you cannot agree, the judge will decide for you. In some instances, a jury may also be used to come to a decision on things, such as property division and assets. If you are seeking a fault-based Georgia divorce, you also must prove the fault, such as substance abuse or infidelity, to obtain compensation in your divorce marital settlement.

Tips & Warnings

• The Georgia court has the final say in a divorce marital settlement. The judge decides if the agreement is fair to both parties and has the best interest of all involved.

References

• State Bar of Georgia; Divorce
• eDivorcePapers.com; The Marital Settlement Agreement
• DivorceNet.com; Mediation in the State of Georgia

Resources

• eDivorcePapers.com; Marital Settlement Agreement