Do you have to separate to get a divorce in Georgia?

Georgia does not require spouses to physically separate before filing for divorce. Under Georgia law, the only requirement to file for divorce is that both parties must suspend “marital relations” with the intent to divorce. So there is no specific timeframe of separation required in Georgia to get a divorce.

Can a pension be split in a divorce in Georgia?

Judges in Georgia divorces usually try to adjust and not split the award of retirement accounts so that they balance against other assets, such as a house. Legally splitting pensions and other retirement funds is a multi-step process.

How is property divided during divorce in Georgia?

Generally speaking, separate property in Georgia includes any assets owned by independently by either spouse prior to marriage. Under certain circumstances, other assets can also be considered separately owned, even if they were obtained during the marriage.

What happens to property acquired during a marriage in Georgia?

According to Georgia case law on this subject, property acquired during the marriage by either spouse by inheritance, bequest or devise remains the separate property of the spouse that acquired it, and is thus not subject to equitable division upon divorce. Bailey v. Bailey, 250 Ga. 15 (1982).

Can a bequest be made after a divorce in Georgia?

However, if a decedent does divorce his spouse, his will is not automatically invalid, though the divorce does eliminate a former spouse’s inheritance rights. Under Section 53-4-49 of the Georgia Code, any provisions providing a bequest for a now former spouse are void, but the rest of the will remains valid.

What happens to a surviving spouse in Georgia?

If someone dies without a will, they have died intestate. This means that Georgia law controls the amounts that the decedent’s heirs inherit. In Georgia, a surviving spouse’s share of the intestate estate depends on whether or not the decedent had children, and how many children the decedent had.