Atlanta Property Division Attorneys
If you are thinking about filing for divorce or if you are already in divorce proceedings, do you know what will happen to your property and assets? What will happen to your home? Your retirement account? Your spouse’s debt? Even if you have a pre-nuptial agreement or post-nuptial agreement that is legally binding, there still may be some property division issues that may arise during your divorce. If you don’t have a pre or post-nuptial agreement, then determining what rights you have to your property is even more important.
Marriage is more than sharing a life with another person. Marriage also means sharing financial information, material items, shared investments, and sharing property acquired. Dividing property is not as easy as splitting 50/50, often division of property relies on several complex factors. Additionally, your divorce will take into consideration child custody, child support, and alimony that may also affect the property division. For example, if a spouse is given sole custody of a child, then that spouse may be given preference for ownership of the family home.
Property Division in Georgia
Georgia is an equitable division state. However, equitable does not mean equal. Equitable distribution means that all marital property acquired during the marriage is subject to division, unless otherwise governed by a pre or post-nuptial agreement. Property that each spouse brought into the marriage will not be subjected to division. For the court to divide property in a divorce proceeding, they must first categorize the property. For example, if the property was a gift from one spouse to another, pensions and business interests, and retirement and insurance plans. For more information about where your property may end up in a divorce, consult with an experienced Atlanta divorce attorney for more information.
The Georgia court is ultimately responsible for dividing and assigning the property, without taking any marital misconduct, like adultery, into consideration. The court does have several other factors they will take into consideration, such as each spouse’s contribution to the acquiring and maintenance of the property. You will need the assistance of an attorney to show these contribution and to show that these distinctions matter to the court.
Keep in mind property will be divided based upon the use or ownership of marital and non-marital property by each spouse. The court will weigh several factors that will influence their decision on the division, such as the marriage’s duration, any individual economic circumstances, any obligations from a prior marriage, post-nuptial agreements, spousal support, and the individual circumstances of each spouse.
Planning for Your Future
Divorce is a complicated and emotional process. Dividing property can bring out the worst side in both spouses, as both may think they deserve certain property. A skilled Atlanta divorce attorney will be able to understand your legal circumstances and help you understand the outcome of your divorce case. At Bushnell & Drye, LLC our Georgia divorce attorneys will help evaluate your marital property and ensure that you get the share you deserve. Help plan for your future and a fresh start. Contact us today for more information and a legal consultation.