Georgia Division of Marital Property
The attorneys of The HTW&W Law Office know how painful divorce is. But because we have handled many divorce cases involving the division of marital property, we also know how important it is to make sure your rights and property are protected.
Our divorce legal team will ensure you have fair representation in court and that your spouse doesn’t walk away with property that is rightfully yours.
The courts are only concerned with property that was obtained while you were married. This means that any property you acquired before you were married remains rightfully yours. It is the job of the courts to sort out marital property from non-marital property. As you may guess, this can be an extremely complicated process, which is why you need legal representation.
Once the court has determined what constitutes as marital property, they are required to divide the property equitably. Please note that equitably does not mean equal, rather many circumstances are considered before marital property is divided.
For example, the court will take into account such considerations as the length of your marriage and how much each party contributed to the care of the property. Other factors many include: the value of the property each spouse will receive, the economic situation of each party once the divorce is final, responsibilities from any previous marriages, post-nuptial agreements and the care of the children.
It’s also important that the court take into consideration the marketable skills of both spouses to ensure the future security of each party. For example, if you were married and had children and your career was a homemaker, a divorce can make you financial unstable since you relied on your spouse for income.
As mentioned before, non-marital property would be excluded. Non-marital property may also be considered a gift, inheritance, property you acquired from another divorce ruling and anything you obtained after judgment of legal separation. You and your spouse may also agree on certain property that is rightfully yours and rightfully theirs.
If you are going through a divorce, please contact our law firm to represent you.