Georgia Divorce FAQ’s

Divorce can feel overwhelming, especially when facing legal questions about custody, asset division, or how long the process takes. Understanding Georgia’s divorce laws can help you make informed decisions and move forward with confidence. Here are answers to some of the most common questions about divorce in Georgia.

If One Spouse Uses Inheritance to Buy a Home Titled in Both Names, Who Owns It in Divorce?

In Georgia, if one spouse uses inheritance money to buy a house but titles it in both names, the home is usually considered marital property. That means it will be subject to equitable division, though not necessarily 50/50. Courts can weigh the source of the funds, income differences, and each spouse’s contributions when deciding who keeps the home.

👉 Read more on dividing inherited property used to buy a home in Georgia divorce.

Do Sick Children Still Have to Go to the Other Parent’s House?

In Georgia, a child who is mildly sick is still expected to go to the other parent’s house during their scheduled time. However, if the illness is severe enough to make the transition unsafe or extremely uncomfortable, both parents should communicate and consider a temporary adjustment. A doctor’s guidance can help in situations involving post-surgical recovery or serious symptoms.

👉 Read more on handling parenting time when a child is sick.

Does Child Support in Georgia Cover Extracurricular Activities?

Yes, child support in Georgia typically covers extracurricular activities—but only up to a point. If the cost of those activities exceeds 7% of the support amount, the court may consider ordering additional payments, especially in high-cost cases like travel sports. Parents can also agree to extra reimbursements in a settlement, but courts must follow specific legal rules when imposing them.

👉 Read more on how Georgia child support treats extracurricular expenses.

Can the Non-Titled Spouse Be Involved in Selling the Home After a Divorce Settlement?

Yes, a non-titled spouse can remain involved in the sale of a home after divorce—especially if their name is still on the mortgage. Even without rights to the home’s equity, they may need legal safeguards to ensure a timely sale and avoid credit or financial liability. Protective language in the divorce settlement can offer essential oversight and peace of mind.

👉 Read more on post-divorce home sales and settlement agreements in Georgia.

Do Some Judges Just Not Care About Children Anymore?

Judges absolutely care about children, but they focus on legally significant issues that directly affect a child’s well-being. Concerns like diet, screen time, or non-dangerous caregivers are often viewed as parenting choices rather than legal problems. Judges prioritize the child’s best interests and rely on evidence of harm or instability when making custody decisions.

👉 Read more on how judges evaluate child custody in Georgia.

If I Open a Separate Bank Account While Preparing for Divorce, Can It Still Be Divided?

Opening a separate bank account during a Georgia divorce doesn’t guarantee that the money won’t be divided. If the account holds income earned during the marriage, it’s likely considered marital property. However, funds like gifts or inheritances may remain separate if handled correctly.

👉 Read more on protecting your finances during divorce.

Is it Better to Settle Divorce Outside of Court?

Settling a divorce outside of court is often a better choice for Georgia couples. It reduces legal expenses, shortens the timeline, and gives both parties more control over the outcome. Alternatives like mediation and collaborative divorce also tend to be less adversarial, which benefits everyone involved—especially children.

👉 Read more on avoiding court in your Georgia divorce.

Is Long Distance Co-Parenting Bad for Children?

Long-distance co-parenting can create challenges for children, especially when it disrupts routines or limits regular contact with a parent. In Georgia, a two-hour distance—like between Atlanta and Augusta—may still allow for practical solutions such as meeting halfway, maximizing long weekends, and rotating summer schedules. The key is a thoughtful plan that keeps the child’s needs front and center.

👉 Read more on long-distance parenting strategies in Georgia.

How Do You Split Holidays When Co-Parenting?

The key is to focus on your child’s experience rather than just parental preferences. Avoid mid-day transitions, consider meaningful traditions, and create a plan that provides stability and joy. Flexibility and communication with your co-parent are essential.

👉 Read more on how to create a child-centered holiday schedule.

How Can I Keep My Divorce Records Private?

In Georgia, divorce records are typically public, meaning anyone—including employers or future partners—can access them. However, using an out-of-court process like mediation or the Amicable Divorce Network can help keep sensitive details private by resolving disputes before filing anything with the court. This approach minimizes public records and protects your personal information.

👉 Read more on how to protect your privacy during divorce.

What Are the Best Tips for Dividing Vehicles in a Divorce?

When dividing vehicles during a divorce, make sure your name is removed from any title you’re not keeping, and that you’re no longer listed on any auto loan your spouse is taking over. In Georgia, transferring vehicle titles before the divorce is finalized can help you avoid unnecessary taxes.

👉 Read more for a full guide on protecting your finances when dividing vehicles.

What Are Common Settlement Terms for the Marital Home in a Georgia Divorce?

When a home is part of a divorce in Georgia, the settlement agreement should clearly state who keeps the home, when the other party must move out, how refinancing and title transfers will be handled, and whether equity needs to be paid out. If refinancing fails, the agreement should also include terms for listing and selling the property.

👉 Read more about how to protect your interests when dividing the marital home.

What Happens if My Spouse Owns a Business and We’re Getting Divorced in Georgia?

If your spouse owns a business, it may be considered a marital asset—especially if it was started or grew during the marriage. You may be entitled to a share of its value, which could require a financial review or a formal business valuation. A fair settlement often includes compensation if your spouse retains the business.

👉 Read more to learn how to protect your interests when a business is involved in divorce.

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