Family Law

Answer 1

Georgia follows a system of equitable distribution relating to the division of assets. An equitable distribution is not necessarily an equal division of marital assets. In Georgia, all property acquired during the marriage is marital property and subject to equitable distribution. Title to the property is immaterial.

Question 2

Separate Property

Answer 2

Property that is acquired before the marriage is separate property, and property acquired in exchange for separate property is separate property.

Question 3

Factors in Property Division

Answer 3

Courts consider several factors in the equitable distribution of marital property. In Georgia, fault can be considered.

Question 4

Condonation

Answer 4

Condonation occurs when the innocent spouse forgives the other spouse. There must be knowledge of the misconduct and forgiveness of the misconduct, and the parties must resume marital relations.

Question 5

Attorney Fees

Answer 5

The court has discretion to award attorney’s fees as part of the expenses of litigation of an alimony, divorce and alimony, or contempt of court action. When making its determination, the court must consider the financial circumstances of both parties. In this case, there is no evidence that Mary’s financial circumstances make her unable to pay all or some of her own attorney’s fees