Marital Settlement Agreement (No Children) - Georgia

MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

State of Georgia

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Marital Property — Real Property
4. Division of Marital Property — Personal Property
5. Division of Marital Property — Vehicles
6. Division of Marital Property — Financial Accounts
7. Division of Marital Property — Retirement and Pension
8. Separate Property
9. Debt Allocation
10. Alimony
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution and Notarization
17. Georgia-Specific Notes

1. PARTIES AND RECITALS

Plaintiff: [FULL LEGAL NAME] ("Plaintiff")
Defendant: [FULL LEGAL NAME] ("Defendant")

Civil Action File Number: [________________________________]
Court: Superior Court, [________________________________] County, Georgia

The parties state and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, STATE/COUNTRY].

b. The marriage is irretrievably broken with no hope of reconciliation (O.C.G.A. § 19-5-3(13)).

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Each party has made full and fair financial disclosure.

e. Each party has had the opportunity to consult independent legal counsel.

f. This agreement is entered into voluntarily.

2. JURISDICTION AND VENUE

a. ☐ Plaintiff / ☐ Defendant has been a bona fide resident of the State of Georgia for at least six (6) months immediately preceding the filing of this action, satisfying O.C.G.A. § 19-5-5.

b. Venue is proper in [________________________________] County, which is the county of residence of the ☐ Plaintiff / ☐ Defendant.

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Plaintiff:

b. Awarded to Defendant:

c. Transfer shall be by Quit Claim Deed or Warranty Deed within [____] days of the entry of the Final Decree.

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

a. Each party retains personal property currently in their possession.

b. Awarded to Plaintiff: [________________________________]

c. Awarded to Defendant: [________________________________]

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

8. SEPARATE PROPERTY

Plaintiff's Separate Property: [________________________________]

Defendant's Separate Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other.

10. ALIMONY

Select one:

☐ a. Waiver of Alimony. Each party waives all rights to alimony, both temporary and permanent.

☐ b. Alimony Shall Be Paid.

• Payor: ☐ Plaintiff / ☐ Defendant
• Amount: $[________] per month
• Type: ☐ Temporary / ☐ Periodic (Permanent) / ☐ Lump Sum
• Commencement: [__/__/____]
• Termination: [__/__/____] (if periodic)
• Termination Events: Death of either party; remarriage of the recipient (O.C.G.A. § 19-6-5(b)); or voluntary cohabitation with a third party in a meretricious relationship (O.C.G.A. § 19-6-19(b)).
• Payment Method: [________________________________]

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon entry of the Final Decree.

b. Life Insurance: ☐ Not applicable / ☐ [Plaintiff/Defendant] shall maintain a life insurance policy of $[________] naming the other as beneficiary through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately.

b. Refunds and liabilities shall be allocated: [________________________________].

c.

13. MUTUAL RELEASES

Each party releases the other from all claims arising from the marital relationship, including year's support (O.C.G.A. § 53-3-1), elective share, and any other interest in the estate of the other party.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire understanding between the parties.

b. This Agreement shall be incorporated into and made part of the Final Judgment and Decree of Divorce.

c. No modification shall be valid unless in writing and signed by both parties or ordered by the court.

15. GENERAL PROVISIONS

a. Governing Law: Georgia law shall govern.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: Attorney's fees may be awarded per O.C.G.A. § 19-6-2.

d. Cooperation: Each party shall execute all necessary documents.

16. EXECUTION AND NOTARIZATION

PLAINTIFF:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

DEFENDANT:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NOTARIZATION (Recommended)

State of Georgia
County of [________________________________]

On [__/__/____], before me, a Notary Public, personally appeared [________________________________], who acknowledged the execution of this instrument.

Notary Signature: ________________________________
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. GEORGIA-SPECIFIC NOTES

• Residency: At least one party must have been a Georgia resident for six (6) months before filing (O.C.G.A. § 19-5-5).
• Waiting Period: Georgia requires a minimum of 31 days from service of the Complaint before the final hearing can be held. Uncontested divorces with settlement agreements can be finalized at 31 days if all paperwork is in order.
• No-Fault Grounds: The marriage is irretrievably broken (O.C.G.A. § 19-5-3(13)). Georgia also recognizes 12 fault-based grounds.
• Equitable Division: Georgia's equitable distribution is case-law driven. O.C.G.A. § 19-5-13 empowers the court but does not enumerate specific factors; courts follow a body of appellate decisions.
• Adultery Bar: A party who caused the separation through adultery or desertion is barred from receiving alimony (O.C.G.A. § 19-6-1(b)). The court receives evidence of the factual cause of separation in all alimony cases.
• Lump Sum vs. Periodic Alimony: Lump sum alimony is final and non-modifiable. Periodic alimony may be modified based on changed circumstances (O.C.G.A. § 19-6-19).
• Year's Support: Georgia provides a "year's support" for surviving spouses (O.C.G.A. § 53-3-1). Both parties should waive this right in the agreement.
• Uncontested Divorce: If the parties agree on all issues, they may submit a settlement agreement and proceed on an uncontested basis. No trial is required; the court may rule based on the agreement.

SOURCES AND REFERENCES

• O.C.G.A. Title 19 (Domestic Relations)
• O.C.G.A. § 19-5-13 (Property Division)
• O.C.G.A. §§ 19-6-1 through 19-6-22 (Alimony)
• O.C.G.A. § 19-5-3 (Grounds for Divorce)
• O.C.G.A. § 53-3-1 (Year's Support)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Georgia attorney before use.