Margaret Gettle Washburn, P.C.
(770) 676-1191
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Understanding divorce rules in Georgia

As state laws dictate divorce, there are a variety of rules that may govern the process depending on where an individual lives. For instance, Rhode Island requires residents to live in the state for a year before they can file for divorce while Alaska has no residency requirement. There may also be requirements that the couple be separated for a period of time, and the amount varies from state to state.

Property division rules may be different depending on what state the divorce takes place in. For instance, Vermont and Massachusetts make no distinction between marital and separate property. This means that all property may be eligible to be divided at the time of a divorce regardless of how or when it was acquired. In other states, separate property may be limited to property obtained prior to the marriage or after separation.

How property is divided may also differ depending on where the divorce takes place. In community property states, all marital assets and debts will be divided equally between the parties by the court unless the couple can otherwise agree. Most states, however, follow the principle of equitable distribution, in which a court will divide the property in a manner which it deems to be "fair". This will not necessarily be equal.

An award of alimony will also be governed by state law, and many jurisdictions have already passed or are considering legislation that severely restricts its duration. However, couples are always free to attempt to negotiate a settlement agreement with the assistance of their respective attorneys that can avoid some of these issues.

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Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
Fax: 770-963-2828
Lawrenceville Law Office Map

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