There are only nine states in the nation that continue to govern marital property in divorce issues through community property regulations. Most other states, including Georgia, operate under equitable property division laws. In short, the court in this state considers each existing asset as owned by one spouse or the other.
To the contrary, in a community property state, all marital property is split 50/50 in divorce. Under equitable division, the court does not have to distribute all assets equally, only fairly. Current financial status, possible future financial needs and any evidence of misconduct are all key factors the Georgia court takes into consideration during divorce proceedings in terms of marital property division.
The court’s decisions may have both immediate and long-term impact upon a person’s life. Property division disputes can get pretty ugly. In fact, many spouses have had to fight for what is rightfully theirs when former spouses try to hide assets to escape the division process. Anyone who suspects such activity can seek immediate support from the appropriate officials as such behavior is illegal.
Any number of obstacles may arise when attempting to achieve a fair and agreeable divorce settlement. Where property division and all other divorce-related matters are concerned, an experienced Georgia family law attorney can help negotiate an amicable agreement. An attorney is also fully prepared to aggressively litigate any issue, as needed. The court does have the final say; however, an experienced attorney knows how to make sure a client’s needs are heard and personal interests are protected.
Source: FindLaw, “Georgia Marital Property Laws“, Accessed on Dec. 12, 2017