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What Is Equitable Distribution?

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 experienced 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.

Do you own a business or other valuable property? Getting proper valuation of assets is part of the property division process. Our trained attorneys can help you through this oftentimes complex process.

The courts base equitable distribution 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

We Can Handle Matters Inside And Outside The Courtroom

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, however, which will require a decision to be rendered by the courts.

Our family law attorneys have extensive trial experience and can assist you in finding a solution.

We Are Here To Serve You

The Manely Firm, P.C., has achieved countless successes in the courtroom on various family law matters. Attorney Michael E. Manely has even had success at the highest levels, arguing cases before the Supreme Court of the United Sates and the Supreme Court of Georgia.

Put years of experience handling property division and family law matters at your disposal. Contact The Manely Firm, P.C. To schedule a free initial consultations, call (888) 930-9165 or complete our online contact form.

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