When a marriage ends, finances are frequently an area of contention. When spouses cannot reach an agreement, it helps to seek legal advice and guidance. Everything must be considered in property division, and a Douglasville property division lawyer can provide the resources and representation you need to successfully navigate the division of assets in divorce.
Christy E. Draper is dedicated to providing the highest level of customer service possible to each of our firm’s clients. We take an empathetic approach and take the time to truly understand our clients’ needs, treating them all with respect and dignity.
Our legal team knows how to provide the right support at the right time. We want to be your legal ally in your property division case, standing by your side and navigating the path together.
Our local roots can also be an advantage in your case. We are a local law firm that is well-respected within Douglasville’s judicial circles. Our legal team is familiar with the Superior Court of Douglas County family court, located in the Douglas County Courthouse, on Hospital Drive in Douglasville, Georgia. This court holds jurisdiction exclusively over Douglas County domestic matters. It hears property division, divorce, and child custody cases.
Georgia is an equitable distribution state. This means that in a divorce, marital property is divided fairly, which isn’t always 50/50. The court also considers other factors that can affect the division of marital assets. O.C.G.A. 19-15-13 is the Georgia Assembly law that defines the authority of the court to divide the assets and debts of a marriage. Common factors that are considered are:
What often makes a property division case complicated at the time of divorce is the determination of what property is marital and what is separate. O.C.G.A. 19-3-9 defines property that was acquired before the marriage as separate unless it became commingled during the marriage. Inheritances and gifts given to one spouse are also considered separate property.
Marital property is, therefore, everything else. Regardless of whose name is on the title or the account, if it was obtained during the marriage, it is marital property. Georgia courts heavily rely on case law, as well as state statutes, for property classification in division of property decisions. This means that precedents set by other court rulings over similar cases can influence a judge’s decision if there is a question that the law doesn’t clearly answer.
Some common disputed properties in a property division case are:
If ever there is a dispute over property division or classification, you should contact a qualified family law attorney to advise you, represent you, and protect your rights. Even if you agree on everything, it is recommended that you retain a lawyer to oversee your interests in your case. A qualified lawyer can offer the legal services listed below when necessary:
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Assets in Georgia are divided equitably, but not necessarily equally. Because Georgia is an equitable distribution state, you cannot count on a 50/50 division of assets by the courts. Rather, you can expect a fair division of assets based on various factors such as contributions made by each spouse during the marriage.
As of 2023, the divorce rate in Georgia is 2.2. This means that for every 1,000 people residing in Georgia, 2.2 of them are divorced, or roughly 22 persons per 10,000. Georgia has one of the lowest divorce rates in the country, with only a handful of reporting states having fewer divorced individuals per 1,000 people.
Whether your wife is entitled to half of your house if it’s in your name in Georgia depends on a couple of different factors. In Georgia, marital property includes assets acquired during the marriage, regardless of whose name is on the title. If you paid for the house prior to marriage, the answer may be no, but if commingled finances were used for house repairs or upgrades, then she is likely entitled to a share of the asset.
In the division of property, steps begin with identifying assets and then classifying them as marital or separate. Next, the assets are valued. Division negotiation is necessary to find an agreement for the division, or a judge will need to decide on your behalf. Once determined, a court order is issued for the final division.
When you hire a property division lawyer from a local law firm, like Christy E. Draper, LLC, you can significantly benefit from a Douglasville property division lawyer who has become very familiar with Georgia laws and Atlanta area courtrooms throughout the years. Contact our office to schedule an appointment to discuss your property division case.
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