Understanding Debt Division in Georgia 📌 Equitable Distribution in Georgia Georgia follows the equitable distribution principle in divorce and debt division cases. Unlike community property states, debt is divided fairly rather than equally. Courts consider several factors, including: ✔️ Which spouse incurred the debt ✔️ The purpose of the debt ✔️ Each spouse’s ability to repay ✔️ How the debt benefited the marriage 📌 Marital vs. Separate Debt Before filing a lawsuit for debt division, it’s crucial to classify debts as either marital or separate: ✔️ Marital Debt – Debts incurred during the marriage for joint expenses (e.g., mortgage, car loans, credit cards used for household expenses). ✔️ Separate Debt – Debts accrued before the marriage or debts that only benefit one spouse (e.g., student loans taken before the marriage, personal luxury expenses). Courts will typically assign marital debts to both spouses but not always equally. Steps to Filing a Lawsuit for Debt Divi...
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