Dividing marital assets can be complex in a divorce case in Marietta, GA. When spouses disagree about dividing assets, the court must decide for them. Our Marietta property division attorneys at Better Law have decades of combined experience handling all property division disputes.
You might not want anything from your spouse when you get divorced. Instead, you just want the entire process to be finished. However, securing your fair share of marital assets is crucial for starting the next chapter of your life on stable ground.
At the same time, you do not want to receive more marital debt than your fair share. Our attorneys fight to ensure your spouse pays their full portion of any marital debts.
At Better Law, our legal team works to protect your best interests and to ensure you have the necessary resources after a divorce. Contact our law firm to schedule a confidential consultation with a Marietta property division attorney at (470) 308-5409.
How Better Law Can Help You Receive Your Fair Share of Marital Assets in a Marietta Divorce
You deserve a fair share of the marital assets during your divorce. However, your spouse might not agree. Instead, they might hold assets over your head to negotiate better divorce terms or to be vindictive.
Regardless of the reason for the dispute, you must stand up for your rights. Having an experienced divorce attorney in Marietta by your side makes this process easier.
At Better Law, our experienced attorneys are aggressive negotiators and skilled trial attorneys. We have a reputation for fighting for the rights of our clients. Your best interest is our top priority.
When you hire Better Law, you can trust that our attorneys will:
- Explain how Georgia property division laws impact your situation
- Analyze your situation and devise strategies to obtain a fair distribution
- Work with financial professionals, forensic accountants, and other experts as necessary
- Represent you during negotiations and mediation
- Work to ensure that all property is classified correctly
- Help you protect your right to separate property
- Gather evidence and argue your case at trial, if necessary
Divorce cases often begin amicably but result in disagreements and arguments. Therefore, it is wise to seek legal advice before you begin the divorce process. Even if your divorce remains peaceful, it is in your best interest to have legal guidance to protect yourself and your future.
Contact us today to schedule a case evaluation with an experienced property division lawyer in Marietta, Georgia.
Marital Property vs. Separate Property in a Marietta Divorce Case
During a divorce action, marital property is subject to property division laws. Separate property is not included in the property division. Therefore, a property must be identified correctly.
Marital property refers to any property or income acquired during marriage. Examples include:
- Real estate
- Furniture
- Marital home
- Investment accounts
- Motor vehicles
- Cash and funds in financial accounts
- Boats and recreational vehicles
- Personal property
- Pension and retirement accounts
Even if certain assets are titled in one spouse’s name, they may still be classified as marital assets and subject to division.
Separate property includes most gifts from third parties, inheritances in your name only, and the property you owned before your marriage. This property would remain yours after the divorce.
Unfortunately, property division is not always simple. Commingling separate and marital assets can make separate property subject to division.
For example, suppose you inherited liquid assets from your grandparents. You deposit the funds in a joint account with your spouse. Similarly, if marital funds are used to pay for a spouse’s inherited home, the other spouse may have a claim to the home’s equity.
Cases involving high-net-worth assets, businesses, and international assets can further complicate property division. Our Marietta divorce attorneys have the experience to handle even the most complex cases.
How Are Marital Assets Divided in a Marietta Divorce Case?
Georgia Code §19-5-13 requires marital assets to be divided according to equitable distribution. However, it is essential to note that “equitable” does not always equal a 50-50 split—instead, it means a fair division based on the circumstances.
The court can consider numerous factors when deciding what would be a fair division of marital assets. Factors include, but are not limited to:
- The financial needs of each spouse
- The duration of the marriage
- Tax consequences for each spouse
- The age, education, and general health of each spouse
- Each spouse’s earning potential
- Whether either spouse has separate property
- The contributions of a spouse to the marriage through their financial contributions and household services
Unlike some states, Georgia courts can consider a spouse’s misconduct, such as infidelity or abuse, when deciding property division.
Additionally, a prenuptial or postnuptial agreement may affect property division. If the couple has a legally binding marital agreement, the judge will typically enforce its terms.
How Is Marital Debt Handled During Property Division in Marietta, GA?
Debts in a divorce are handled similarly to assets. Marital debt can be divided between spouses equally or equitably. Individual debt may also be assigned, even if it is in one spouse’s name.
However, even if a court orders your spouse to pay a debt, creditors can still pursue you if your name is on the account. Our Marietta property division attorneys work to minimize your liability and develop a plan that protects you from post-divorce debt issues.
Will I Receive My Home in a Marietta Divorce if I Have Custody of the Children?
Child custody is only one factor to consider when deciding what happens to the marital home in a divorce. If it makes sense in the situation, the couple might agree to allow the custodial parent to remain in the home with the children. Keeping the children in the home provides continuity during and after the divorce.
However, there could be other factors that prevent that from happening. For example, the couple might not be able to afford the mortgage payments for the home after they separate. In that case, the home might need to be sold, and the proceeds divided between the spouses.
If a couple cannot agree on how to divide the home, the court will decide based on equitable distribution. In other words, what is equitable given the other factors in the case?
A judge might allow one spouse to keep the home while awarding the other spouse marital assets to offset that decision. The judge may allow a spouse to buy out the other spouse’s interest in the home. The price would depend on many factors, including how much the spouses contributed to the home’s value during the marriage.
How Are Retirement Funds Divided During a Divorce in Marietta?
Retirement accounts and pension plans are complex to divide during a divorce. Contributions made during the marriage are considered marital property and are subject to equitable division.
However, any funds before the marriage would be separate assets. As a result, determining the value subject to division could require a careful analysis of the retirement account. Judges consider many of the same factors they use to divide personal property and real estate.
Property Settlement Agreements in a Georgia Divorce Case
Our Marietta family attorneys are highly skilled negotiators. Once you hire us, we will diligently pursue settlement negotiations with your ex-partner.
The goal is to negotiate a fair settlement without delays. An efficient, fair, and quick settlement benefits all parties. Therefore, we will work with you to determine your priorities for the property division and work to achieve those goals.
A property settlement agreement can be presented to the judge for approval. It can be a part of a comprehensive divorce settlement or stand-alone while we litigate other matters.
If couples do not agree to terms for property division, the judge decides. Each party can present evidence supporting their position regarding asset division. However, the final decision rests with the judge.
Our Marietta property division attorneys work with leading experts, including financial professionals, forensic accountants, appraisers, and investigators. If your spouse tries to undervalue or conceal assets, we aggressively pursue every avenue to uncover assets.
How to Protect Your Business During a Divorce
Dividing marital assets in a divorce becomes more complicated when a business is involved. Whether you own a family business, professional practice, or investment firm, it is crucial to take steps to protect your business interests.
At Better Law, we have extensive experience in business valuation and asset protection strategies. Our legal team can help you:
- Determine Business Classification – We will assess whether your business is considered marital or separate property under Georgia law.
- Evaluate Business Value – Our attorneys work with financial professionals to ensure an accurate valuation of your business assets.
- Mitigate Business Disruptions – We strategize to prevent business operations from being negatively impacted by the divorce.
- Explore Buyout Options – If your spouse has a claim to the business, we can help negotiate a buyout or a fair settlement.
- Protect Business Interests Through Agreements – Prenuptial and postnuptial agreements can safeguard business assets, and we will ensure their enforcement when applicable.
Contact Better Law to discuss strategies for protecting your business during property division.
Schedule a Confidential Consultation With Our Marietta Property Division Attorneys
Do you have questions about property division in a Georgia divorce? Our team at Better Law is here to help.
Call (470) 308-5409 today to schedule a consultation with an experienced Marietta property division attorney.