In many divorce cases, deciding how to divide up the marital property is the most complex issue the court has to deal with. First, every asset (and debt) has to be properly characterized as marital or separate property. Then it has to be accurately valued. Finally, the court has to go down a long list of factors to distribute the marital property in an equitable way. At every step, complicated issues can arise, and the divorcing parties can disagree and dispute how the court should rule or view any factor.
The attorneys at The Gleklen Law Firm have a high level of experience and expertise when it comes to the equitable distribution of marital property in a Georgia divorce. Our lawyers have exceptional expertise in high-asset cases and know how to work with financial experts as needed to make a case for a fair division. Members of our team have taken on several high-profile divorce cases in Atlanta and handled these matters with high degrees of competence and discretion.
Learn more below about how Georgia courts treat the division of property in a divorce, and call The Gleklen Law Firm for help with the property distribution and other important facets of your divorce.
Georgia Requires That Marital Property Be Equitably Distributed
Georgia follows the rule present in a majority of states that requires the court to make an equitable distribution of marital property. This means that property must be divvied up in a fair manner. You might start with the presumption that an equal 50-50 split is fair, but the court is bound to consider a wide range of factors that can change this presumption and make an unequal distribution be what is fair. For this reason, it is essential to get high-quality advice and representation from an experienced and capable lawyer to ensure your interests are fairly represented in the property division. At The Gleklen Law Firm, we’ll develop the evidence necessary to advance your case on every factor taken into consideration by the judge in deciding on an equitable distribution of marital property.
Some of the factors considered by the court are likely to include the following:
- The duration of the marriage
- Each party’s age and health
- Each party’s financial needs
- Each party’s income and earning capacity
- Levels of education and vocational skill
- The child custody plan
- The extent to which either spouse contributed to acquiring, enhancing, or maintaining the value of marital property
- The extent to which either spouse contributed to the household or family management
- Whether either party intentionally wasted or dissipated the value of marital property
- Either party’s marital misconduct or fault, such as adultery or desertion, that served as a ground for divorce or contributed to the breakdown of the marriage
Even when an equal split is aimed for, accomplishing this feat can be complicated. Some property, such as a house or car, a piece of jewelry or a work of art, can’t be split in half unless it is sold and the proceeds divided, but it might not be in the party’s interests to sell off certain property they would rather keep. To keep things fair and equal, the parties or the court will have to award one piece of property to one party and another piece of property of like value to the other. Property valuation can quickly become a point of contention in the property distribution. The attorneys at The Gleklen Law Firm are experienced in complex property valuation, including competing business valuation methods, so that property can be accurately valued and fairly divided.
Help With Negotiation or Litigation of Property Division Issues
The Gleklen Law Firm can work with you and your spouse in negotiations, mediation or collaborative practice to come up with a property settlement agreement that is fair and meets your needs. It can be challenging to complete these detailed arrangements at a time when your marriage is ending, but our attorneys are skilled at conflict and dispute resolution and can provide the guidance and expertise needed to keep these negotiations on track.
A negotiated agreement is often preferable to a decision imposed by the court, but we understand that it is not always possible. When issues related to the property division need to be litigated in your best interests, you can count on our team of skilled litigators to advocate for you and represent you well.
If a prenuptial or postnuptial agreement is present that impacts the property division, we can help challenge or enforce the validity of the agreement as needed.
The Gleklen Law Firm Is the Law Firm You Need When Dealing With Complex Issues of Property Distribution
For help with the property division in your Georgia divorce, call The Gleklen Law Firm in Atlanta at 678-236-0444, or contact us online to schedule a consultation.