Marietta, GA asked in Child Custody, Divorce and Domestic Violence for Georgia

Q: I live in Georgia. I want to know about propert division in a fault divorce. If I am a victim of Domestic violence.

Will I be able to keep the home? Or get a greater share? Will my spouse have to move out. I also dont want to uproot my son. The house is paid in full. Also will I get full custody of my son?

3 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You need to have a consultation with an attorney. Each case varies based on income, assets of the parties, history of caretaking of the child and other factors. Once more information about those is known, an attorney can give you advice.

Judith Delus Montgomery agrees with this answer

Robbie Levin
Robbie Levin
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: In Georgia divorce, property is divided "equitably". This does not mean 50/50. It means that all assets will be divided based on the totality of circumstances. Often times the parties can reach an Agreement on division of property, custody and other divorce related issues. If no Agreement can be reached, the Court will likely send you to mediation. If no Agreement can still be reached, the Court would have a hearing and make the decisions based on the evidence provided.

With regard to child custody disputes, the Court will often appoint a Guardian ad Litem to protect the interest of the child, and to help the Court make a decision on custody and visitation issues.

It does sound like you should consult an attorney.

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

Judith Delus Montgomery
Judith Delus Montgomery
Answered
  • East Point, GA
  • Licensed in Georgia

A: In a divorce action the court has secondary jurisdiction to determine the equitable interest of either spouse in the real or personal property owned, either in whole or in part, by the other spouse. A spouse may base his/her claim to property owned by the other spouse on two theories: (1) the principles of alimony or (2) equitable principles. Accordingly, the court or jury has authority to award a spouse both real and personal property held in the name of the other spouse, not as alimony, but as an equitable division of property. This right develops from the marital relationship. Even though a spouse may not claim or be entitled to alimony, he/she may base his/her claim entirely on equitable principles of ownership.

“Alimony” and “equitable division of property” are not identical in that “alimony” is an allowance out of one party's estate for the support of the other party when living separately, and is in the nature of a final property settlement, while “equitable division of property” is an distribution of properties acquired during the marriage to the parties based on their respective equitable interests in those properties.

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