Margaret Gettle Washburn, P.C.
(770) 676-1191
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How will our property be divided in our divorce?

One of the most predominant fears that people have when they are getting divorced boils down to financial security. Will I have enough money? Will I get or have to pay spousal support? How will I be able to care for myself and my family without my spouse's income? 

Finances are a top priority in any divorce, whether a couple has significant assets or not. The fact of the matter is that you will have to divide your property, assets and debts when you split. However, there are rules in guidelines in place to make sure the division of your assets is fair and representative of your individual circumstances.

Georgia is an equitable distribution state. This means that, unless you and your spouse figure out your own agreement for property division, a judge will determine what is equitable. This doesn't mean that your assets will be split equally. It means that the courts will take several factors into consideration and assign property in a way that is fair.

Specifically, a court will typically take into account the length of the marriage, the financial contributions of each spouse, the non-financial contributions of each spouse, earning potentials, child custody arrangements, and even the factors or behaviors that led to the divorce.

After considering these and other factors, a judge will assign a percentage of the marital estate to each spouse. Generally speaking, the more a person contributed to the marriage, the higher his or her percentage will be.

There are a couple things to note here, however. Separate property, or property belonging only to one person, will not be divided but it may be taken into account by the courts. Additionally, equitable distribution can be very flexible. If, for example, you want to keep the house, the courts can grant you that but then give more money or assets matching the value of the house to your spouse.

There really is no exact answer to the question of how your assets will be divided. Every case depends on the unique details of the individuals involved, so it can be a good idea to discuss specific questions with an attorney. Division of property can have a significant and lasting impact on everyone involved in a divorce, so it is crucial that you and your spouse understand what is at stake and what your options are for protecting your best interests.

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Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
Fax: 770-963-2828
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