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Dividing Assets In A Divorce: What To Consider

Feb 20, 2018

Divorce is never easy.

While it is sometimes the best option, there are still a whole lot of stressful, overwhelming aspects to consider before it’s all said and done. One of those things is the division of assets including property, money, vehicles, investments, and even debts.

When it comes to divorce help, the knowledgeable and passionate Atlanta divorce lawyers at the Fairell Firm are second to none. Our team has the resources and fervent dedication needed to help you achieve a favorable resolution when it comes to property and asset division during a divorce.

And because we know that sometimes things can get emotional and potentially hostile, you can count on us to remain discreet, professional, and supportive at all times. If you need divorce help in Atlanta , reach out to The Fairell Firm to book an initial consultation.

That being said, here are just a few things to consider about dividing assets before, during, or after you sit down with your divorce attorney.

Property Division

If you and your spouse own a home together, one of the first questions which will crop up during the process is, “Who gets the house after a divorce?”

While there is never a clear cookie-cutter answer that can be applied to every single divorce case, there are some common threads which may be applicable to a number of cases.

Property division can be one of the most contentious parts of a divorce, largely because it’s something that both parties worked hard for and invested so much into.

The State of Georgia recognizes two types of property with regard to divorce: separate and marital.

In instances of separate property, the court recognizes that one spouse either had this asset (i.e. a home) prior to marriage or they purchased it alone with his or her own money.

Marital property, then, is anything which was purchased during the marriage with joint contributions.

One thing that’s also important to consider is that Georgia is an equitable division state, meaning the common idea that everything will be split equally doesn’t apply here. Instead, courts divide the property and assets based upon what seems fair and equitable.

Because of this, property division during a divorce in Georgia can be difficult and contentious. Contact our divorce law firm for steadfast divorce help in Atlanta today.

Further Reading: 

Equitable Division

Touching once again on the concept of equitable division, the laws of Georgia are somewhat unique when it comes to splitting assets in a divorce.

The presiding judge will ultimately make a ruling based upon what they believe is fair and equitable, though a number of factors go into making that decision.

Some factors which may go into who gets your property and other assets may include:

  • Employment status and occupation
  • Custodial status (if children are involved)
  • Standard of living
  • Percentage of debts

What About Benefits?

Retirement benefits, bank accounts, and other investments can also be a hot-button issue during a divorce. Because of the equitable division laws in Georgia, this means that one party may be subjected to a certain percentage of these benefits, or nothing at all. Again, it all depends on the court’s definition of fair and equitable — which, very rarely, also means the same thing as equal.

If you are going through a divorce and feel overwhelmed by the distribution of assets and property, contact The Fairell Firm. We are here to provide top-notch divorce help in Atlanta. Give us a call today.

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