The Advice You Need To Confront Difficult Decisions

No matter the circumstances that led to the breakdown of your marriage, we can help you through the entire process of restarting your life. Although some couples think they can handle the divorce process on their own or through internet forms, the truth is that those same people arrive in our office a few weeks later, or sometimes a year or two later, asking for guidance and trying to undo what they did without legal counsel. Whether your divorce is straightforward or involves special issues like dividing complex assets like businesses or retirement benefits, we can simplify the process of "equitable division" and help educate you on what your portion of the marital property should be.

What does "Equitable Division" mean?

In Georgia, there is no "50/50" rule that each person automatically gets half the marital property. Instead, Georgia law allows for "equitable division" of property, which is a legal term meaning that the property is divided in a way that is fair to both sides.

The First Step Towards Equitable Division

The first step in equitable division is to determine what the martial property is. The term "Marital Property" refers to any asset or debt that was acquired during the marriage. For example:

  • Real property (homes, land, etc.)
  • Vehicles
  • 401(k), 403(b), IRA, and other investment accounts
  • Pensions
  • Businesses (whether small side-business or a major source of income)
  • Debts (Mortgages, Credit Cards, Student Loans, IRS Debt)
  • Bank Accounts (Checking, Savings, CDs)
  • Military and Civil Service Retirement Benefits

What many people don't realize is that even if property or debt is in only one person's name, it is still joint property for the purposes of dividing property at the time of divorce. There are some exceptions to this rule, for inherited property and third-party gifts. Our firm can help you understand which assets and debts are considered marital property and are therefore subject to equitable division during divorce, and then help you through the next step.

The Second Step Towards Equitable Division

The second step in equitable division, once you have determined which assets are marital property, is arguing for what your equitable (fair) portion of the property should be. There are many factors that may be considered in making this argument, including:

  • Length of the marriage
  • Contributions to the family unit
  • Financial contributions
  • Wrongdoing (adultery, cruel treatment, etc.)
  • Abuse or cruel treatment

Our firm can help you to understand the factors that contribute to how the property will be divided and advocate for your best interests in the equitable division process. We understand what an overwhelming and emotional experience divorce can be. Let us help you assess your situation, look at the bigger picture of where your life is headed as you start anew, and get your new life started off right with the division of property you deserve.

Answering Your Questions

To voice your questions and concerns in confidence, contact our Macon, Georgia, law offices and share your story with our attorneys. Should you choose to secure our services, we can begin developing a strategy for resolving your divorce. Call us at 478-743-4069 or send us an email by filling out our online contact form.