Equitable Distribution in Georgia
Atlanta & Marietta Divorce Lawyer
In Georgia, the laws recognize that each partner has a stake in the marital
property during marriage. However, the difference between the laws in
our state versus others is that legal concept of “equitable interest”
or equitable division of assets does not exist unless the couple has filed
for divorce. All of the assets and properties that are currently in question
at the time of divorce can be subjected to the laws of equitable distribution.
As this can be a very complex area of law, The Manely Firm, P.C. is here
to provide you with the support you need. Ask our Georgia divorce lawyers
today about your settlement terms.
We work diligently to ensure our clients are given a fair settlement.
Marital vs. Separate Property
All property acquired while married is considered marital property. Separate
property would include assets purchased before the marriage and only include
the spouse’s name on the title. For example, a car loan signed only
in one spouse’s name belongs solely to that spouse. Separate property
may also include an inheritance or a gift that one spouse has acquired.
Separate property will not be subject to the laws of equitable distribution.
The courts base equitable distribution based on the following principles:
- Each spouse’s separate assets and financial capacity
- The respective earning potential of each spouse
- The spouse’s relationship and behavior during the marriage
- Whether or not each spouse managed his or her assets wisely
- Either spouse’s future needs, such as medical support or retirement funding
- Debts incurred by either spouse
Many of the terms of your divorce, including
property division, can be settled out of court—negotiation and mediation have proven
to be very useful in settling these terms. It may not always be possible
to find a compromise on every issue and will require a decision to be
rendered by the courts. Our Atlanta family law attorneys can assist you
in finding a solution. We proudly serve residents of Canton, Gainesville,
Atlanta, Marietta, Lawrenceville and Savannah.
We are here to serve you. We have achieved countless successes in the courtroom.
Contact our Atlanta divorce lawyers today and
request your free appointment!