Atlanta Property Division Attorney
Experienced Georgia Property Division Attorney
During the Georgia divorce process, you and your spouse must divide the property and debts you acquired during your marriage. This is referred to as property division, and it can be especially difficult after a long marriage where many assets have accumulated, ranging from a home and household items to business revenue and retirement accounts. It can also be challenging when one spouse came into the marriage with significantly more assets than the other, or one spouse was the primary wage earner while the other took care of the home. Atlanta property division attorney Tricia Solomon has experience handling the property division issues that frequently accompany divorce, and we can help assert your right to a fair distribution of assets and liabilities when your divorce is final.
Georgia Property Division Law
When it comes to property division, Georgia is an equitable distribution state. However, equitable does not mean equal or half, but rather what the court considers fair after weighing the following factors:
- The standard of living during the marriage
- The earning capacities of both parties
- The education and vocational skills of both parties
- The current income of both parties
- The age and health of the parties
- The assets, debts, and liabilities of the parties
- The needs of each of the parties
- The provisions for the custody of the minor children
- Each party’s contribution to the acquisition of existing marital assets
- Each party’s enhancement of the value of existing marital assets
- Whether either party has dissipated or diminished the value of the marital assets by wrongful conduct
Marital property does not include an individual’s separate property that he or she owned prior to the marriage or any gifts, inheritance, or legal judgments acquired by one spouse. Because separate property is exempt from distribution, often property division cases come down to successfully showing certain property is separate or marital. It’s important to understand, however, that marital property may be assets of either partner, whether jointly titled or held solely in one name. Also, separate property must be isolated and cannot be commingled with marital funds, which means improvements to separate property are subject to equitable distribution, even if the property, itself, is not.
Get Sound Legal Advice from an Experienced Atlanta Property Division Lawyer
If you are concerned about receiving a fair distribution of property in your divorce case, please contact the Atlanta property division lawyers at The Solomon Firm. We can help you evaluate your separate and marital property under Georgia law and ensure you have a strong case for retaining or receiving the assets that are rightfully yours.
