What is a Divorce Decree?

A final decree or divorce or divorce decree is a formal order of the court granting a couple’s termination of their marriage. If your case goes to trial and the court issues a divorce judgment, it will be officially confirmed when the divorce decree has been dated and signed by the court clerk and judge. Most decrees cover common divorce issues, including division of property and debt, alimony, and, if applicable, child custody, support, and visitation rights. 

Division of Property and Debt

All property the couple acquired throughout their marriage is considered marital property, except for property either spouse received as an inheritance or gift from a third party. In Georgia, the spouse will receive an equitable or fair share of their marital property. While there’s no predetermined formula for dividing property, courts usually consider the premarital or separate property contributions of either spouse. 

To divide marital debt, the court will need to figure out which spouse incurred the debt and benefited from it the most. You and your soon-to-be ex-spouse also have the option of paying off your debt before you file for divorce or deciding who’s liable for the debt during settlement negotiations. These options are usually considered when the marital debt is too high to be paid off before the couple’s divorce.  

Alimony

Alimony, also called spousal support, is money that one spouse must pay the other after the divorce. Generally speaking, the amount of alimony will depend on which spouse made the most money and the roles they played during the marriage. However, judges will also consider other circumstances, such as the couple’s standard of living, their ages, overall health, and other mitigating factors. 

Child Custody, Visitation, and Support

Child custody in Georgia comes in two types, which include legal custody and physical custody. The parent with legal custody is responsible for making major decisions that will affect the child’s wellbeing, and the child lives with the parent with physical custody. Depending on the circumstances, parents can share custody of the child, or one of them gets sole custody. 

In most cases, until the judge has passed an order, married parents share custody of their children. But if they file for divorce and can’t agree to a fair custody agreement, the judge will come up with a child custody arrangement based on the child’s best interests. 

Parents must likewise support their kids, generally until the kids turn 18. Usually, the non-custodial parent is ordered to pay financial support to the custodial parent, and these payments must be used for the child’s living expenses. 

Get In Touch With an Experienced Georgia Divorce Lawyer Today

There is no denying that divorce is difficult and is usually emotionally and financially draining for everyone involved. However, our skilled and compassionate Georgia divorce lawyers can make the process easier for you. Reach out to the law firm of Banks, Stubbs & McFarland today to learn more about your case. Our lawyers are here to support you through this very trying time in your life. Arrange a consultation with our Georgia divorce lawyer by contacting us online or calling 770-887-1209.