Division of Marital Property in a Georgia Divorce

Georgia is an "equitable distribution" state when it comes to diving marital property in a divorce. This means that the property and assets will be divided between the spouses in a manner which is considered to be fair. Fair does not always mean totally equal. Many factors may come into play when a determination is made by the courts on this important issue. Spouses in the process of a divorce may agree on their own outside the courts as to how they wish to divide their marital property. As long as this agreement is conscionable, not made under any duress, and is "fair," the agreement can be submitted to the court for approval. In cases where the couple cannot come to terms on their own, the court will step in to decide the matter based on the evidence presented by the parties.

An important issue in the division of marital property is the difference between marital property and separate property. Only property that is acquired by one or both parties during the marriage is considered marital property. Any property or asset acquired prior to the marriage is considered to be separate property. Also property acquired by a spouse during the marriage that is deemed to be a gift, inheritance, bequest, or devise is also considered to be that spouse's separate property. To complicate the matter, if one of the spouse's acquired real property prior to the marriage and marital funds were used to make payments on the property afterwards, it will be considered to be both marital and separate property and adjustments made accordingly.

Many other rulings on the matter of marital and separate property exist under Georgia case law which can affect this issue which is why it is important to work with an attorney who is experienced in all aspects of Georgia divorce.

Divorce and Family Law Firm Serving Atlanta and West Georgia

If you are contemplating a divorce in Atlanta, Dallas, Douglasville, Paulding, or the surrounding areas, you likely have many questions and concerns about the process and how it will affect you, your children, and your future. Dissolving a marriage carries with it many decisions and determinations which have to be made, either by the divorcing couple outside of the courtroom or by a judge settling the matters based on each party's evidence. To ensure that you fully understand your legal rights and all of the ramifications of the terms of a divorce, you should engage the services of a skilled legal professional.

Howard Law Group is a divorce and family law firm with more than 40 years of combined experience shared among its legal team. These attorneys have handled all types of divorce with all kinds of complicating issues and are fully equipped to provide you with caring and competent advice, support, and representation. They offer responsive assistance both in and out of the courtroom, whether with divorce mediation and collaborative efforts or through litigation before a judge. To learn more about this highly-regarded firm, contact their law offices to schedule an appointment or consultation concerning your divorce or family law issue.