Property Division Lawyers in Atlanta, GA — Tirelessly Advocating to Secure Fair Outcomes for Our Clients
The divorce process is different for everyone that goes through it. Some former partners have to deal with child custody and support issues. Others have to figure out alimony. However, these issues do not exist in every divorce. On the other hand, all former spouses have to figure out how assets and liabilities should be divided fairly. If you’ve found yourself in this situation, a property division lawyer in Atlanta, GA, may be able to help.
At the Family Lawyers of Atlanta, our Georgia family law firm is committed to making divorce a less complex process. In many instances, this means negotiating a fair marital settlement agreement. Unfortunately, an amicable resolution is not always possible. Regardless of the specific circumstances of your case, an Atlanta property division lawyer can prove invaluable. Contact us today to schedule your free consultation.
Marital Property VS Separate Property in Georgia
One of the most important steps in the divorce process is recognizing the difference between marital property and separate property. Marital assets and debts are those acquired by either spouse during their union. Separate property refers to assets and liabilities acquired prior to the marriage. Anything acquired after filing for divorce or as a gift or inheritance is also considered separate property under Georgia law.
Only marital property is subject to division during a divorce. In many states, this is done in an equal manner. However, Georgia is an equitable distribution state. This means courts try to handle property division in a fair manner rather than an equal manner. This is why working with Atlanta property division attorneys is so important. The equitable division could easily result in an unfair situation for you. Let our law firm review your case and help you understand your options.
What Happens When Comingling With Marital Assets?
In a perfect world, former spouses would be able to reach a property division agreement on their own. Georgia courts prefer when this happens, and unless the agreement is wholly unfair, it will typically be approved. This is also preferable because it avoids some of the complexities that may arise during the property division process. One of the most complicated aspects that our law firm encounters when dividing property is when assets have been commingled.
This occurs when assets are composed of marital and separate property. When this happens, marital property division becomes more difficult because it’s hard to ascertain which portion of an asset is marital and which is separate. For instance, this is common when marital income is used to improve a business that existed prior to the marriage.
A similar situation can arise when a spouse contributed to separate assets and thus increases their value. In these cases, dividing marital assets typically involves a complex process. However, an Atlanta property division attorney can assist you in understanding your situation and how to move forward. Even if you feel you and your spouse can reach an amicable solution, a legal professional can ensure you understand your rights.
Can a Marital Contract Dictate Decisions in Advance?
Prenuptial and postnuptial agreements can greatly simplify divorce cases by minimizing the impact of equitable distribution laws. A Georgia divorce with such a marital contract in place will typically play out based on the provisions of the agreement. However, it’s important to note that there are specific requirements that must be met for these contracts to be enforceable. Failing to meet these can result in a void agreement.
It’s also worth noting that a judge may refuse to enforce a prenup or postnup if they’re wholly unfair. For instance, an agreement that saddles one spouse with all marital debts probably isn’t going to pass muster. Additionally, either spouse has the right to challenge a marital contract in court. This can leave decisions you already made regarding monies, assets, and other property up in the air.
Don’t let your divorce drag on longer than necessary or walk away with an unfair court decree. Our attorneys have extensive experience in the division of assets and liabilities, and we’re here to help. Contact our property division lawyers in Atlanta, GA, today to discuss your case during a free consultation.
Contact Our Property Division Lawyers in Atlanta, GA Today
Georgia law requires property division to be done in an equitable manner. However, there are many nuances to these rules. The process itself is already complicated due to distribution not being truly equal. And when you throw in other issues — such as complex assets, child custody, earning capacities, and other matters — things can become far more complicated. Fortunately, you don’t have to go through this alone. An Atlanta property division lawyer can assist.
At the Family Lawyers of Atlanta, our legal team is committed to securing the best possible outcome for our clients. In some instances, this may simply mean helping former partners reach a fair agreement. In other situations, it could mean representing our clients in court or helping track down hidden assets with forensic accountants. No matter the situation you’ve found yourself in, our family law attorneys are ready to assist. Contact us today by calling (404) 418-7777 to schedule your free consultation.
An experienced property division lawyer in Atlanta, GA, can help you better understand your rights.