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770-609-1247 | Division of Marital Debts – Georgia Divorce Attorneys

Division of Marital Debts - Georgia Divorce Attorneys

Coleman Legal Group, LLC
Call
770-609-1247 to speak with a Georgia divorce and family law attorney experienced in the division of marital debts.

Georgia law considers marital debts to be a part of marital property and thus divides them as such. This means that any debt acquired during marriage (with few exceptions) is subject to equitable division – including that which was accrued by only one person on their own credit card, for example.

Marital debts can also include car and mortgage loans, health bills, credit card bills, and other loans (student loans are often an exception, but no case is the same). Georgia has no set formula for the division of these payments, and creditors can hold both parties responsible for the repayment, even after divorce.

In deciding how to divide marital debts, the court will take into consideration marital fault, responsibilities of the custodial parents, age, education level, future earning capabilities, etc. If a spouse accrues debt after filing for divorce, that debt will most likely be assigned solely to them for repayment.

In circumstances where parties did not acquire marital debt or did not convert separate debt into marital debt, the debt will not be subject to equitable division. Examples of separate debt include mortgage loans for real property titled in only one spouse’s name and purchased before the spouses married, student loan debt and credit card debt obtained prior to marriage.

As a final note, it is important to realize property and debt can be marital regardless of titling. For example, if one spouse purchases property after marriage after obtaining a loan to finance the purchase, the property and debt connected to it are considered marital property, regardless of whom the title belongs to.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody, Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Rd
Building 600
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek, Duluth GA
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Phone: 770-408-0477 | Map

Duluth Georgia
Sugarloaf
2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-408-0477 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Georgia Areas We Serve
Coleman Legal Group, LLC’s divorce and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Canton, Woodstock, Douglasville, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Covington, Conyers, Newborn, Mansfield, Oxford, Social Circle, Porterdale, Buford, Sugar Hill, Suwanee, Dacula, Ball Ground and Starrsville.

Our divorce and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, Newton, Walton, Rockdale and Clayton. 

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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