Legal Question in Family Law in Georgia

You should sit down with a lawyer and figure out what legally works best. That's exactly why you do need counsel in a divorce to look at all the details and draft the necessary language.

You and your wife can agree on any means to sell the house. However, there are many factors to be covered such as who has temporary possession, who keeps up the house, what happens if repairs are needed, who makes the mortgage payment, what happens if the mortgage payment isn't timely made, etc., etc. Even if a case is uncontested, couples who try it on their own often enter into bad agreements, which often cannot be corrected after the divorce without filing another action. Schedule an appointment with a family law attorney to make sure everything is covered in your agreement to protect both of you.

Any of those options you mentioned can work, although you would want to have a lawyer draw up the contingencies so that everyone knows what is what. Living in the house together is your decision, although it can turn ugly if the divorce ends up contested. It sounds like you might benefit from hiring an attorney to handle the uncontested divorce, and many can do this at a reasonable cost which is well worth paying to make sure it is done legally can correctly.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.