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I am always asked, “Why should I use the collaborative process?” There are many reasons. Many couples are fortunate that they can calmly work out what they want to do with their children and their property even though they are getting a divorce.
Changes in our society have caused us to rethink our common definition of "family". The notion of the traditional family structure has expanded to include single parent households, same sex parented households and grandparents as primary caregivers. Not surprisingly, when legal issues arise in these family situations, the law has often struggled to adequately address the needs of all the family members.
Georgia divorce law says that marital property is any property obtained during the marriage, except for property received as a gift from someone outside the marriage or by inheritance. Each spouse is entitled to a fair share of any marital property obtained during the marriage. The court does not use a set formula when dividing the marital property. Instead, the court will divide the marital property equitably, but not necessarily equally. This occurs regardless of whose name is on the title.
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