
Property division is one of the core aspects of divorce in Georgia. It’s quite common for a couple going through a divorce to disagree on how marital property is divided. Evaluating and dividing property is a long and often tedious process that can be draining to parties going through a divorce. A Dallas property division lawyer from the Young Law Firm, LLC, can provide invaluable legal counsel and representation throughout the divorce process.
Dividing property during a divorce has life-altering effects on both spouses. Doing it properly and fairly requires experience in long-term financial planning, a solid understanding of U.S. Federal and state tax law, and Georgia divorce laws.
Divorce rates in Georgia reported by the CDC were 2.2 per 1000 residents in 2023, which is significantly lower than the U.S national average of 14.2 per 1000 women. For women getting divorced in Georgia, understanding the importance of property division and grounds for divorce is essential.
A divorce doesn’t begin with property division. It starts with establishing legal grounds for divorce. Before you file for a divorce in Georgia, one spouse must have lived in the same county for six months. Additionally, a couple or the spouse filing for divorce must select one or more grounds for divorce. The most common grounds are that the marriage relationship is beyond repair. Contact an experienced Dallas divorce attorney if you need help.
The property division portion of divorce starts with each spouse providing accurate and complete financial records. Financial records include all known assets and debts. All property, or assets, are then determined to be separate or marital property. All marital property is subject to division.
Separate property is defined as assets that you owned prior to the marriage. You may have owned real estate property, a car, bank accounts, or personal belongings. Additionally, if you inherited money or received monetary gifts, those are considered separate property if they were always handled separately and not commingled.
Separate assets that have been commingled become marital property. One can easily commingle a previously separate asset and lose it to division. For example, if you owned a separate savings account prior to your marriage, that’s a separate asset. But if you deposited money that contained separate and marital funds after marriage, then it is treated as marital property.
With a house or other real estate that you owned separately, if you use any funds gained during the marriage to make improvements or renovations, Georgia considers it commingled, and the property is then up for division.
Georgia is an equitable distribution state, so all assets from homes, investment accounts, and businesses must be accurately and precisely valued to prevent one spouse from receiving more than their fair share of assets or debts. Evaluating the current and future value of real estate, retirement savings, or a family business can be extremely complex.
Asset valuation also helps to identify or determine if a spouse is attempting to hide assets. Experienced Dallas property division attorneys, like those from the Young Law Firm, LLC, can investigate assets and prevent any assets from being concealed. Valuation of assets impacts not only property division but also the amount of spousal support and child support, if applicable.
You can contact the Marietta office of Young Law Firm, LLC today
When you hire a property division lawyer from the Young Law Firm, LLC, you are getting a trustworthy attorney with four decades of experience with financial planning and Georgia divorce law. Give your property division case within a divorce the legal and property division experience you deserve.
Your legal team at Young Law Firm, LLC, explores every detail of your finances and creates a personalized strategy for pursuing the assets you want and need. Our Dallas family law attorneys legally navigate complex cases of asset division and design solutions for you.
Prenuptial agreements are useful in Georgia and an effective way to document in advance how a business is divided as well as define separate property in the marriage. Prenuptial agreements can also be used to determine child custody and spousal support. For a prenuptial agreement to be considered valid in Georgia, it must be in writing and include full disclosure of income, assets, and debts.
To get child support during a divorce in Georgia, you must file a petition for child support and a temporary hearing request to establish interim support. Child support payments are overseen by the Georgia Division of Family & Children Services (DFCS). In Dallas, GA, the local child support office is the Tallapoosa Dallas Office at 1387 Industrial Blvd N, Suite 102. Reach out to our Dallas child support lawyer if you need an assistance.
Yes, you may get awarded alimony even if you work full-time in Georgia. Alimony, or spousal support, is intended to balance income in order to maintain the same standard of living that one had during the marriage. Georgia law requires you to demonstrate financial need, and your spouse must have the ability to pay. The longer the marriage, the more likely you are to get spousal support on a temporary or permanent basis.
Yes, you can ask for additional spousal support or alimony in Georgia if you are unemployed after a divorce is final and you were originally awarded support. You must file a petition for modification with the court. Modification only applies if you were originally awarded spousal support in your final divorce decree. You must show proof of unemployment and document your efforts to find a new job.
The Young Law Firm, LLC, was founded by well-known and trusted lawyer Diana Whipkey Young over four decades ago. We provide legal support to numerous clients with a passion for personal service and client satisfaction. Our legal team serves clients in the counties of Cobb, Paulding, Bartow, and Cherokee. We accept all major credit cards and offer a free 30-minute consultation. Contact us today or call us at 770-758-8162.