While there are sometimes more immediately pressing matters, the division of marital property is a very important part of a divorce. How you end up financially will definitely affect the quality of the new life you’ll build. And unlike many other aspects of a divorce, once the property has been divided, the decision is almost always final and not subject to future modification.
In Georgia, a divorcing couple’s property can be divided by the agreement of the parties or by the court. When the parties are able to come to an agreement, this can be time-saving, money-saving, and less contentious. If you hope to come to an agreement with your ex-spouse on property division, I can help you come to an acceptable compromise that does not give up more than you can afford to.
However, sometimes an agreement cannot be reached by either negotiation or mediation, and litigation is required. In that event, the court will try to divide the property and debts fairly. Note, though, that “fair” and “half” may be very different, depending on the circumstances of the case. Among other issues, judges will consider the needs of the parties as compared to their earning potential, and whether one party is at fault for the end of the marriage. Whether contested or not, I will advocate for your side to make sure that the result is a fair one that does not take advantage of you.