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.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005. We also have offices conveniently located at:
| Alpharetta Georgia Park Woods Commons 11539 Park Woods Circle Suite 304 Alpharetta, GA 30005 Phone: 770-609-1247 | Map |
Atlanta Georgia |
| Dunwoody, Sandy Springs GA 400, Atlanta Georgia 1200 Abernathy Rd Building 600 Atlanta, GA 30328 Phone: 770-609-1247 | Map |
Cumming Georgia |
| Johns Creek, Duluth GA 11555 Medlock Bridge Road Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
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, Sharon Springs, Marietta, Suwanee, Sandy Springs, Canton, Woodstock, Holly Springs, Douglasville, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Covington, Conyers, Newborn, Mansfield, Oxford, Social Circle, Porterdale, Buford, Sugar Hill, Mountain Park, Dacula, Ball Ground and Starrsville.
Our Georgia 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 © 2023 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 11539 Park Woods Circle, Suite 304 • Alpharetta, Georgia 30005 • 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.
