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Is property division a major concern for your divorce?

On Behalf of | Jul 30, 2021 | Divorce |

As you consider getting a divorce in Georgia, you likely know that you will have a long process ahead. Even if you and your spouse could agree on everything in regard to separating your lives, the proceedings would still need to go through the proper legal channels in order for the divorce to be official. Of course, you may not expect you and your soon-to-be ex to agree on everything.

In particular, you may have concerns about property division. This area is a common one for divorcing individuals to fixate on because the way in which the court divides assets could have a considerable affect on your financial future. After all, you may have sentimental assets you want to keep or perhaps want to keep the house you currently live in.

How is property divided?

Georgia is an equitable division state, which means that the court will divide the martial assets as equitably, or fairly, as possible. This type of division can mean different things for different people as what one person might consider fair may not coincide with what a judge thinks is fair. Some details about this type of division that may prove useful for you to know include the following:

  • Your property may fall into either the marital or separate property categories.
  • Your separate property does not go through the division process.
  • If you have assets you believe are your own separate property, you may need to provide evidence, such as receipt of purchase, to prove that it is separate.
  • In addition to marital assets, marital debts also go through this division process.

When it comes to determining what is fair, the court will consider various aspects of your marriage and each person’s individual circumstances. For instance, the judge will likely look at how much financial contribution each person made to the household. The court will also assess your needs and your ex’s needs after marriage to determine if one of you may need more financial support than the other. The length of your marriage could also come into play.

Working toward a favorable outcome

Even if you and your ex cannot agree on property division terms, you may have the ability to negotiate for certain assets or for an overall outcome that you find favorable. You may not get everything you want from the proceedings and what the judge considers fair may not fit your definition, but understanding your rights and options may help you see this process through as smoothly as possible.


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