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The Real Fear Factor: Property Division in Divorce

Oct 02, 2017

 

Zombies, ghosts, goblins, witches, property division. Wait, what? Yes, you read that right: property division. While this month may usher in Halloween and all things spooky, divorce can happen at any time and bring with it some potentially scary situations.

Let’s face it: ending a marriage and moving forward on your own is a difficult process; at times, it can be downright frightening. One of the major aspects of divorce is property division: which party gets what, and how much of it do they get?

If you are facing one or more of these questions, it’s important you turn to a trusted firm for divorce help in Atlanta. At The Fairell Firm, we specialize in protecting your rights during a divorce, whether it’s child support rights or property division rights. In this post, we’ll be focusing on the latter.

In some ways, property division can be so difficult because it can be such an emotionally charged process. Depending on the parties, divorcing spouses can sometimes become extremely adversarial when it comes to deciding what property belongs to which party. In many instances, both spouses have worked hard for the property they have acquired, and no one wants to just willingly give up their possessions — particularly if one spouse believes that the other is not deserving of the property.

Generally speaking, there are two types of property when dealing with divorce: separate property and marital property. Separate property is property that a spouse had in his or her possession prior to marriage, or any property that a spouse purchased with his or her own individual funds. Marital property, on the other hand, is property that has been acquired over the course of the marriage using funds from both spouses.

For couples divorcing in Georgia, it is important to note that Georgia courts do not divide property equally between the divorcing spouses. Many people may think that courts award half of the property to one spouse, and half to the other spouse.

However, Georgia is an equitable division state — this means that courts divide the property between a divorcing couple based on what seems fair and equitable to the presiding judge. Judges consider many factors when determining how to equitably divide marital property. These factors include: the occupations of the parties, the income of the custodial parent if children are involved, the previous standard of living of the parties, and many other factors.

Because Georgia is an equitable division state, property division can be a scary process that is difficult to navigate. That’s why when it comes to divorce, you deserve steadfast and fearless representation who will properly defend your rights and get you the divorce help you need.

The skilled and knowledgeable attorneys at The Fairell Firm can successfully guide you through this process, and work to obtain a satisfactory outcome.  The Fairell Firm assists with family law needs, including property division in divorce, throughout the metro Atlanta area. Call today at 678.973.2803 or contact us to schedule a consultation.

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