Divorce in Georgia

[faf]

I am in Georgia. I have the following questions :

<1> If my wife wants a divorce and I don't agree on the distribution of our marital property, will she get a divorce from the court anyway ? In other words, if only one person insists on the divorce, will she get it through court without the agreement of the other person ? Can a judge force a divorce on someone on behalf of the other person ? If so under what conditions ?

<2> I bought my house 10 years ago and paid it off in March of 2004, it's under my name. We got married in Nov. of 2003, she came as a K-1 visa holder, then applied for green-card, now she has received the temporary green-card. I paid off the house with all my money, but it was paid off 4 months after we got married, is it Community Property under Georgia law ? If so is it subject to equitable division ?

<3> We aggreed that we keep separate bank accounts and had a joint account for common monthly expense, but we didn't write this aggreement down on paper, is my bank account holding my income Separate Property ? If not, can I send most of the money from my account to my parents abroad ? Is it against law to do so ? And how to explain the following :

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The state of Georgia recognizes that each marriage partner has an equitable interest in all marital property acquired during the course of the marriage. Unlike states with community property laws, however, this equitable interest does not appear until a divorce is filed. The existence of this potential claim does not impair the transfer of property during marriage by either party
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Does the above paragraph mean I can use the money in my account or sell my house anyway I like without being judged : wrongful conduct with regard to the diminution or dissipation of assets

Thanks

[Ohiogal]

Originally Posted by faf

I am in Georgia. I have the following questions :

<1> If my wife wants a divorce and I don't agree on the distribution of our marital property, will she get a divorce from the court anyway ? In other words, if only one person insists on the divorce, will she get it through court without the agreement of the other person ?

Yep. She can get it.

Can a judge force a divorce on someone on behalf of the other person ? If so under what conditions ?

Under the conditions of the other person not wanting to be married to you. Your wife will find a way. She will allege something in her complaint and the judge will rule on it. Why would you want to remain married to someone who does not WANT you. Think about it. The other thing is for what purpose do you want to force her to be with you besides being a control freak?

<2> I bought my house 10 years ago and paid it off in March of 2004, it's under my name. We got married in Nov. of 2003, she came as a K-1 visa holder, then applied for green-card, now she has received the temporary green-card. I paid off the house with all my money, but it was paid off 4 months after we got married, is it Community Property under Georgia law ? If so is it subject to equitable division ?

The amount of equity that accrued during the marriage is subject to division as marital property. Also were any updates or such done on the house since the marriage with marital income?
<3> We aggreed that we keep separate bank accounts and had a joint account for common monthly expense, but we didn't write this aggreement down on paper, is my bank account holding my income Separate Property ?

No. It was earned during the marriage. Unless you have a prenup stating that it is separate property.

If not, can I send most of the money from my account to my parents abroad ? Is it against law to do so ?

Dissipation of marital assets.

And how to explain the following :

=========================================================
The state of Georgia recognizes that each marriage partner has an equitable interest in all marital property acquired during the course of the marriage. Unlike states with community property laws, however, this equitable interest does not appear until a divorce is filed. The existence of this potential claim does not impair the transfer of property during marriage by either party
=========================================================

Does the above paragraph mean I can use the money in my account or sell my house anyway I like without being judged : wrongful conduct with regard to the diminution or dissipation of assets

Thanks

Nope that doesn't mean that.