Snellville, GA asked in Divorce for Georgia

Q: If I am filing for an uncontested divorce and my husband still lives in the house, do I have to split my belongings?

We were married in New Jersey in 1999 and we were split for the past 5 years since 2014. He most recently came to stay with me because he fell on hard times and he's not working as of right now.

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3 Lawyer Answers
Robbie Levin
Robbie Levin
Answered
  • Marietta, GA
  • Licensed in Georgia

A: If the divorce is "Uncontested", that means that you and your spouse have agreed on how property will be divided. If you have not agreed on property division, then it is not an uncontested divorce. Regardless, Georgia does not require 50/50 split of property between the parties.

Whether your divorce is uncontested or not, you may want to consult a lawyer to assist you.

For more information, visit my website at www.LevinLawyerGa.com

Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Uncontested means you and he already have agreed to everything. So, presumably you wouldn't be agreeing to give him items you feel are yours. If you don't agree on everything, then a contested case can be filed, and the judge will decide who gets what if you can't agree on your own.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleagues. If you have an uncontested divorce you both agree to the terms and the way things are being split. If this is not the case then your divorce is not uncontested and I recommend consulting with an attorney who can help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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