Ask the Experts: Answers to Common Family Law Questions
Here at Oxendine Law, we always take our responsibility to educate our clients about the various family law matters that we specialize in very seriously. Regardless of how small or insignificant a certain question may seem to you personally, we take great pride in being able to help people feel more assured and at ease during these potentially complicated times in their lives. With this in mind, our family law experts have taken some time to answer a few common questions that we have received over the years from our clients.
Question #1: What immediate action can I take to protect myself during a divorce?
It’s true that divorce proceedings can be long and drawn-out. However, we have the option to seek a temporary court order, which is designed as a recourse for people who need quick resolutions on matters pertaining to child custody, parenting time, child support, alimony, payment of expenses, and more. In these cases, the court will schedule a hearing, both spouses will make their respective arguments, and the judge will issue an order that is binding up until the time of the final trial. These temporary orders can also prevent a spouse from activities that can affect the final court’s rulings including selling assets or moving children out of the state.
Question #2: How is mutually owned property divided during a divorce?
Marital property includes any property that is acquired during the marriage, excluding anything that is inherited or received as a gift from a third party. Both spouses are entitled to what the court deems an “equitable division” of the marital property in a divorce. However, it’s important to remember that equitable means fair, not necessarily equal. The court may take into consideration many factors when trying to determine what is fair and just in each unique case.
Question #3: What happens to a couple’s debts in the case of a divorce?
Any debts that a couple incurs after they have been married are considered marital debts in Georgia. That means both spouses bear some responsibility for those debts. Much like property and assets, the court will determine a fair and equitable (if not necessarily equal) split of the couple’s debt. The court may factor in which spouse is more responsible for accumulating the debt. They also take certain factors into account including who was responsible for accumulating the debt and both spouse’s ability to pay the debt. Generally, each spouse will be responsible for any debts that they incurred before the time of the marriage.
We hope you found this information helpful and informative. If you have a question of your own pertaining to a legal matter, don’t hesitate to reach out to our experienced family law professionals. For more information, or if you need assistance with anything relating to family law, contact Oxendine Law at (770) 497-8688 today. Don’t forget to follow us on Facebook and Instagram for additional information and updates.