Marital Settlement Agreement in Georgia 10 FAQs

Do both parties have to agree to a divorce in Georgia?

Both parties do not necessarily have to agree to a divorce in Georgia. In other words, if one spouse wants a divorce, the divorce will be granted. However, a marital settlement agreement in Georgia or a divorce settlement agreement in Georgia between the spouses regarding the issues in the divorce could speed things up a lot.

For example, if the parties have a full and complete marital settlement agreement in Georgia on every issue in the divorce in GA, the divorce case could proceed as uncontested (as opposed to contested). Uncontested divorce would be cheaper and faster than contested divorce.  

What is a marital settlement agreement in Georgia?

A marital settlement agreement in Georgia or divorce settlement agreement is basically an agreement between the parties in a divorce case regarding the pending issues in the divorce case.

Depending on the specific facts related to the divorce case, there could be a variety of pending issues in the divorce. For example, if the parties have minor children, custody and child support would be an issue. If the parties have marital property and debt, equitable division of marital property and debt would be another issue.

Generally, the parties’ agreement would be put in writing and signed by both parties in front of a Notary Public.

What should a woman or man ask for in a divorce settlement?

What a man or woman should ask for in a divorce settlement depends on many factors. When thinking about what to ask for in a divorce settlement, a spouse needs to think about what the pending issues are and how reasonable it would be for that spouse to ask for certain things.

For example, alimony may be an issue in a divorce case. However, not all spouses who seek alimony will be granted alimony by the court (unless there is an agreement regarding alimony between the spouses). Thus, you should be familiar with the law regarding alimony in Georgia and think about how likely it would be for the court to award you alimony if your divorce case went to trial.

What should a marital settlement agreement in Georgia include?

A marital settlement agreement in Georgia or divorce settlement agreement should include the material terms of the agreement (for example, terms regarding equitable division of the marital residence and retirement accounts) in clear language. This is so that the parties could fully understand what they agreed to and abide by the terms of their agreement.

Also, it could be difficult to enforce a vague agreement or an agreement that is not properly drafted. Thus, it is important to make sure that there are no flaws in the marital settlement agreement.

Is a settlement agreement necessary in divorce?

A settlement agreement is not necessary in a divorce in Georgia. If there is no settlement agreement, the divorce would proceed as contested (as opposed to uncontested). In other words, any issues that the parties cannot agree upon would be decided by the court after a hearing.

What happens after a marital settlement agreement?

After a marital settlement agreement is reached, the parties would submit the written marital settlement agreement to the court for review and approval. If the court approves the settlement agreement, the settlement agreement would be incorporated into the final judgment and decree of divorce. What this means is that the settlement agreement would be a part of the court’s final order and could be enforced via contempt.

Is a settlement agreement the same as a divorce decree?

A settlement agreement is not necessarily the same as a divorce decree. Before a settlement agreement is incorporated into the divorce decree, it is a private agreement between the parties. However, this does not mean that a settlement agreement cannot be enforced before the settlement agreement is incorporated into the final judgment and decree of divorce.

Is a marital settlement agreement legally binding?

A properly drafted and executed marital settlement agreement could be legally binding. What this means is that such marital settlement agreements could be enforced in court. One way to enforce such marital settlement agreements would be to file a motion to enforce settlement agreement with the court.

How long does a divorce settlement agreement take?

How long a divorce settlement agreement takes depends on the parties and the circumstances surrounding their divorce case. Thus, it could take one month or more than a year for some parties to reach an agreement, if at all.

What happens if your spouse won’t sign divorce papers in Georgia?

If your spouse will not sign the divorce papers, the divorce case would proceed as contested. This means that the pending issues would be decided by the court after a hearing.

Call Divorce Attorney Atlanta to chat about drafting marital settlement agreement in your case.