4 Little-Known Facts About Divorce in Georgia

When it comes to spreading information, the internet has been both a gift and a curse. On one hand, the web is a platform where rumors, myths, and inaccuracies spread like wildfire. On the other hand, it also provides a way for experts like our team at Oxendine Law to set the record straight and offer helpful, valuable information. To help you be better informed about factors that could impact your life, we have compiled a variety of important facts most Georgians don’t know our state’s divorce laws.

1. Alimony Doesn’t Always Include Ongoing Payments

When people think of alimony as a monthly payment one person pays to their ex-spouse until that ex marries someone else or until one of the two people pass away. In Georgia, that isn’t always the case. Judges can award alimony in a variety of forms. In addition to alimony that continues until the receiving spouse remarries, alimony can also be a single lump sum payment. In other cases, judges may order one spouse to pay alimony for a specified length of time, even if the other spouse hasn’t remarried when that period ends.

2. Not Every Asset You Bring in During a Marriage is Marital Property

Many people recognize that in Georgia, any money or other assets that either spouse accumulates during a marriage are considered to be “marital property.” This means they belong to both spouses equally, regardless of which spouse received the property. What most Georgians don’t know is that there are exceptions to this rule.

Anything a spouse received as inheritance is their property alone, not marital property. The same applies to anything one spouse receives as a gift from a third party. In the event of a divorce, gifts and inheritance remain with the spouse who received them and everything else is divided fairly.

3. Putting Your Name on Assets Won’t Make a Difference

When a marriage is starting to go south, some people try to reserve assets for themselves by putting those assets in their name. For instance, they will make sure the deed to their house is in their name alone. The same often happens with vehicles. While we hate to be the bearers of bad news, this won’t matter in your divorce. If either spouse acquires property during a marriage, it is considered marital property that both spouses own regardless of whose name is on the deed or title. The exceptions, of course, are inheritances and gifts from third parties as we described above.

4. Mothers Don’t Get Preference in Child Custody

When a divorcing couple shares children, custody is typically a stressful and contentious issue during the divorce. There is a stereotype that judges give preference to mothers instead of fathers when it comes to custody rulings. While that may be the case in some states, it is not the case in Georgia. In Georgia custody cases, the law requires that judges order whatever is in the best interest of the child. The judge will consider the relationship each parent has with their child, each parent’s ability to provide a stable home, and many other factors.

Divorce can be a stressful situation, and it’s made even worse when you come into the process with misunderstandings and inaccurate assumptions. On top of working to help our clients achieve the best possible outcomes in their cases, our team at Oxendine Law strives to educate Georgians about divorce law and the options they have available. To discuss your family law case, call Oxendine Law today to schedule an appointment. Follow us on Facebook, Twitter, and Instagram as well for family law tips and helpful information.