Georgia Marital Settlement Agreement
A Georgia marital settlement agreement lets divorcing spouses divide their marital property and debts, set spousal support, and address custody and child support, then have those terms reviewed and incorporated into the final divorce decree. Attorney review available.
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Introduction
Georgia is one of the few states where property division can be decided by a jury and not only a judge, and an equitable-distribution rather than community-property state that divides marital property fairly instead of in an automatic 50/50 split (O.C.G.A. 19-5-13); a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be reviewed and incorporated into the judgment that ends the marriage. Georgia is an equitable-distribution state, not a community property state, so marital property acquired during the marriage is divided fairly but not necessarily equally, and there is no automatic 50/50 split. Separate property, meaning what a spouse owned before the marriage or received by gift, inheritance, bequest, or devise, remains that spouses separate property (O.C.G.A. 19-3-9), and the court carries the property division into effect under its equitable powers (O.C.G.A. 19-5-13). A Georgia marital settlement agreement lets you set that division yourselves instead of leaving it to a judge or jury. Georgia has no statewide formula for alimony; the finder of fact may grant permanent alimony to either party and sets any amount by weighing the factors in O.C.G.A. 19-6-5. Custody and child support follow Georgia's statewide child support guidelines, an income shares model that applies as a rebuttable presumption (O.C.G.A. 19-6-15), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed, the agreement is submitted to the court, reviewed, and incorporated into the Final Judgment and Decree of Divorce; a divorce is generally not granted earlier than 31 days after the responding spouse is served (O.C.G.A. 9-11-12(a)). DocDraft builds your Georgia marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
In Georgia, where a divorce is generally not granted earlier than 31 days after service because the defendant has 30 days to answer (O.C.G.A. 9-11-12(a)), a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be reviewed and incorporated into the judgment that ends the marriage.
- 2
Georgia is an equitable-distribution state, not a community property state. Marital property acquired during the marriage is divided fairly but not necessarily equally, and there is no legal presumption of a 50/50 split.
- 3
Separate property, meaning what a spouse owned before the marriage or acquired by gift, inheritance, bequest, or devise, remains that spouses separate property (O.C.G.A. 19-3-9) and is not divided. Only marital property is subject to equitable division, which the court carries into effect under its equitable powers (O.C.G.A. 19-5-13).
- 4
Georgia has no statewide formula or percentage calculator for alimony. The finder of fact, a judge or jury, may grant permanent alimony to either party and sets any amount by weighing the factors in O.C.G.A. 19-6-5, such as the standard of living during the marriage, the length of the marriage, and each party's resources and needs.
- 5
Child support follows Georgia's statewide child support guidelines, an income shares model that combines both parents' incomes and applies as a rebuttable presumption in all legal proceedings (O.C.G.A. 19-6-15). Custody and child support stay court-approved and modifiable and cannot be bargained away.
- 6
Once both spouses sign, the agreement is submitted to the court, which reviews it, including for the best interests of any children, and, if approved, incorporates it into the Final Judgment and Decree of Divorce so its terms have the force of a court order. The court can accept or reject any or all of the agreement.
- 7
A Georgia marital settlement agreement must be in writing and signed by both spouses. No statute quoted here requires notarizing the agreement itself, but signatures on uncontested divorce settlement papers are commonly notarized before filing, and a divorce is generally not granted earlier than 31 days after service because the defendant has 30 days to answer (O.C.G.A. 9-11-12(a)).
Key decisions before you file
Before you file a Marital Settlement Agreement in Georgia, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Georgia Requirements for Marital Settlement Agreement
Equitable Distribution, Not 50/50
Georgia is an equitable-distribution state, not a community property state. Marital property acquired during the marriage is divided fairly but not necessarily equally, and there is no legal presumption of a 50/50 split. A marital settlement agreement lets the spouses set the division themselves.
Separate Property Stays Separate
Property a spouse owned before the marriage or acquired by gift, inheritance, bequest, or devise remains that spouses separate property (O.C.G.A. 19-3-9) and is not divided. Only marital property is subject to equitable division, which the court carries into effect under its equitable powers (O.C.G.A. 19-5-13).
No Statewide Alimony Formula
Georgia has no statewide formula or calculator for alimony. The finder of fact may grant permanent alimony to either party and sets any amount by weighing the factors in O.C.G.A. 19-6-5, such as the standard of living during the marriage, its duration, and each party resources and needs.
Child Support Follows the Guideline
Child support follows Georgia statewide child support guidelines, an income shares model that applies as a rebuttable presumption in all legal proceedings (O.C.G.A. 19-6-15). Parents may propose an amount, but the court reviews it for the best interests of the children. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Georgia marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Georgia marital settlement agreement must be in writing and signed by both spouses. No statute quoted here requires notarizing the agreement itself, but signatures on uncontested divorce settlement papers are commonly notarized before filing, and signing before a notary helps prove the signatures are genuine.
Court Reviews the Agreement
The court reviews the signed agreement, including for the best interests of any minor children, and can accept or reject any or all of it. A court never guarantees approval, and a divorce is generally not granted earlier than 31 days after service because the defendant has 30 days to answer (O.C.G.A. 9-11-12(a)).
Incorporation Into the Decree
Once approved, the agreement is incorporated into the Final Judgment and Decree of Divorce, so property division, spousal support, custody, and child support are ordered as set out in the agreement. Incorporation is what turns the private agreement into enforceable court orders.