An uncontested divorce is a way to go if you and your soon-to-be ex-spouse agree on everything, including things like separation of assets and custody of children. Cheap uncontested divorces in Fayetteville save money, time, and effort compared to contested divorces.
But there are specific, essential factors to consider when it comes to uncontested divorces, including whether Georgia is a community property state.
Read on and learn more about community property states and what it means for your cheap uncontested divorce.
What is a Community Property State?
A community property state is one in which state laws govern community property. Property typically gets divided based on whether a state implements community property's legal theory, also known as equitable distribution.
Each state determines how property gets divided after a divorce, but the laws may differ how it gets divided. Some states will divide debt and property “equally” (50/50), while other states will divide debts and assets “equitably.”
But what is the difference between community property and separate property?
Community Property vs. Separate Property
Typically, property obtained throughout the marriage belongs to both spouses—primarily if the divorce occurs in a state with community property laws. While not every state has these laws, property obtained throughout a marriage is distributed equally upon its dissolution.
Examples of community property include:
- Wages earned by either spouse throughout the marriage
- Home furnishings and furniture purchased throughout the marriage
- Interest income accumulated by business investments and operations
- Mortgages and the family home
In contrast, separate property is the property owned before the marriage, inherited, received as a gift throughout the marriage, or anything either spouse acquired after the date of separation.
Examples of separate property include:
- Separately held bank accounts
- Separate inheritances acquired throughout the marriage, if held separately
- Gifts to either spouse
- Personal injury proceeds
- Any property obtained following the dissolution of a marriage
Other types of property defined by the courts include “partial” or “quasi” community property. These properties include property assets that would have been considered separate property at the start or throughout the marriage but became marital property because of co-mingling and other matrimonial circumstances.
Factors Used by a Judge to Determine Property Division
A judge will use three primary factors to determine how to divide property obtained throughout a marriage. These factors include:
- Each spouse’s earning capacity
- The legal caretaker of the child(ren)—if any
- Whether fault grounds exist (e.g., adultery or abuse)
So even in community property states, the property may not always get divided 50/50. In fact, courts will look more closely at the following detailed factors when deciding if there is a situation in which a disproportionate division of property is deemed necessary. Those factors include:
- Marital fault
- Loss of continuing benefit
- The disparity of earning capacities
- Health and physical conditions
- Age differences
- Size of estate
- Anticipated inheritances
- Gifts to a spouse
- Custody of child(ren)
Is Georgia a Community Property State?
Like most states, Georgia does not recognize community property where both spouses equally own everything obtained by each spouse throughout the marriage. In the state of Georgia, the courts have complete legal discretion when distributing marital property and will typically consider the following factors:
- The financial status of both spouses
- What the separate property involves
- Evidence of wrongdoing by either spouse, causing a waste of assets
- The conduct of each spouse during the divorce proceedings and overall process
- The future needs of each spouse
In addition to community property, here are five things to consider regarding cheap uncontested divorces in Fayetteville, Georgia.
5 Things to Consider Regarding Cheap Uncontested Divorces in Georgia
- You and your spouse need to agree on all crucial divorce issues (including custody concerns of a minor child(ren), spousal support, and property division.
- You and your spouse need to fulfill eligibility requirements.
- The divorce may take a while to get finalized.
- When it comes to the division of property, you may be giving up more than you realize.
- Consult with an experienced, cheap uncontested divorce lawyer in Fayetteville, Georgia.
File your Uncontested Divorce With Our Fayetteville Lawyers
Are you considering a cheap uncontested divorce in Georgia? Do you have questions about the separation of debts and assets acquired throughout your marriage? Legal issues can mount up during any divorce proceeding and affect the property, alimony, custody, child support, retirement benefit division, visitation, and more. But what do you do after these issues come up? Who will you turn to in moments of uncertainty, confusion, or doubt?
Do not hesitate. Contact Cheap Uncontested Divorces for a free case review today.