Blakely, GA Divorce Law Firms & Lawyers

Not exactly. He should be given credit for the value of the property at the time you were married as his separate property. To the extent that payments were made towards the home or improvements were paid for during the term of your marriage, you should be entitled to reimbursement for community property (your combined income during marriage) being spent on a separate property asset (the house). Frequently, a settlement is reached by figuring out the current value, subtracting out any mortgage remaining (which leaves the estimated equity in the home), and subtracting out again an estimated value for the equity at the time of the marriage.

The first question is "Have you both lived in Georgia for at least six months?' If the answer is yes, then you would file for divorce in the county that the opposing party resides. If it is a uncontested divorce, the other party can waive venue and allow the divorce to be filed in the county in which you reside. If it is a contested divorce, the complaint has to be filed in the county of the other party and that party has to be served with the proper documentation. 

The Judge can change it if a modification action is filed.  If the divorce is still ongoing, the Judge can do it at most any time a review is requested.