Who will have to pay the costs to the court during our Georgia divorce?
Full Question:
Answer:
The answer may depend on whether or not your property settlement has been agreed upon or whether the court is going to be making the decisions about how property is split. The court may also decide how costs are split but usually the person who starts the divorce has already paid the filing fee. Each party is typically responsible for their own legal costs unless there is fault alleged.
Georgia is an equitable distribution state. The court will distribute the marital property of the parties between them as it deems equitable and just, after setting aside to each spouse that party's separate property. The distinction between retirement and disability payments is important when it comes to divorce. Typically, disability payments aren't included as marital property for purposes of equitable distribution of marital property. However, alimony and child support has been awarded in cases where the veteran elected disability before the divorce.
Alimony may be awarded to either spouse on either a permanent or temporary basis in accordance with that party's needs and the other party's ability to pay, although a party is not entitled to alimony if the court determines that the cause of the spouses separation was due to that party's adultery or desertion. The amount of alimony will be determined by the court after consideration of the following factors:
1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, physical and emotional condition of both parties;
4. The financial resources of each party;
5. The time necessary for either party to acquire sufficient
education and training to find suitable employment;
6. The contribution of each spouse to the marriage;
7. The condition of the parties, including the separate estate,
earning capacity and fixed liabilities of each party;
8. Any other factor the court deems relevant and just.
If do not have an attorney representing you in this matter, we would strongly recommend that you consult with one regarding the issues of depletiong of marital assets and the implications of you receiving assets while still married.
