Smyrna Property Division Lawyer

Smyrna Property Division Attorney

During a divorce, couples often have issues over how to divide their property. To protect your legal rights, you need a Smyrna property division lawyer who will fight on your behalf. A lawyer can help ensure protection and legal compliance with your case.

Why Smyrna Residents Choose Us

With decades of experience in family law, Diana Whipkey Young of Young Law Firm, LLC, has dedicated her professional life to helping her neighbors and community.

You don’t have to go through your case alone. When you meet with Attorney Young, you’ll be able to explain your situation in detail and express your desired outcome.

Smyrna divorce attorney Diana Whipkey Young will draw on her 40+ years of legal experience to provide transparent legal guidance, helping you make informed decisions about your future and take back control of your life.

Georgia Divorce Laws and Alternative Dispute Resolution

As of 2023, 8 to 13% of Cobb County residents were divorced. Smyrna is committed to its residents, and understanding your rights during divorce is key to ensuring a bright future.

A Georgia superior court can grant a divorce if the case meets certain requirements. If neither spouse files a defense or asks for a jury trial before the case starts, the judge will make all the decisions about the divorce. Divorce cases in Smyrna are typically filed at the Cobb County Superior Court, located at 70 Haynes Street in Marietta.

However, before needing a trial, couples in Cobb County can resolve their divorce issues through Alternative Dispute Resolution, which helps people settle legal problems without going to court. Two main types of Alternative Dispute Resolution are available for divorce cases in Smyrna:

1. Case evaluation. Case evaluation is where both sides present their facts and legal arguments to a professional case evaluator. The evaluator then gives their opinion about what would likely happen if the case went to court. After hearing the evaluator’s opinion, the couple can decide whether to try mediation or continue with regular court proceedings.
2. Mediation. Mediation is a process where a mediator helps both sides communicate healthily and reach an agreement. It’s less formal than going to court and helps save the couple time and money. Mediation is also private, whereas a trial is public. The mediator helps guide the conversation but doesn’t have any legal say in the final decisions made.

Property Division Laws in Georgia

In Georgia, property and debts are divided during a divorce under a system called equitable distribution. The process starts by listing all property and assets owned by either spouse. This can include:

• Real estate and income. The average Smyrna home value in 2023 was $409,000, and the average salary was around $66,000. These tend to be a person’s highest-value assets. It’s vital to hire a property division lawyer to fight for fairness during your divorce.
• Debts
• Personal belongings
• Retirement accounts

There are two types of property considered in a Georgia divorce:

1. Marital property. This is usually anything earned or acquired during the marriage, even if only one spouse’s name is on it. It includes debts, income, and retirement accounts. Marital property is divided according to what is fair, not necessarily equally.
2. Separate property. This typically includes things a spouse owned before the marriage or property inherited by one spouse alone, even if received during the marriage. Typically, each spouse keeps ownership of their own separate property.

What Is Commingling?

Commingled property is what happens when a spouse’s separate property becomes mixed with marital property, making it subject to division during divorce. People don’t get married expecting to one day separate, making it difficult to keep property entirely separate throughout marriage.

This can happen for a variety of different reasons. For example, if a spouse used an inheritance gained before marriage for a joint investment, that money becomes commingled.

While tricky, spouses can try to claim commingled property by tracing its origins through official records, such as bank statements and withdrawals. Tracing can be complicated and often requires help from an accountant or financial professional, especially if the case goes to trial.

FAQs

What Factors Do Courts Consider When Deciding Property Division in Georgia?

Judges in Georgia look at many factors to decide how to divide marital property fairly. They consider each spouse’s financial contributions, such as income and savings. They’ll also factor in each spouse’s nonfinancial contributions, such as caring for the home or supporting the family. Other factors, such as the duration of the marriage and future needs, may also be considered.

What Happens if My Ex and I Can’t Agree in Our Alternative Dispute Resolution Meeting?

If you and your spouse can’t agree on how to resolve divorce issues, your case will then proceed to trial, where a judge or jury will have the final say. It’s highly recommended to resolve issues before trial, as it helps couples retain control over their lives. Participation in Alternative Dispute Resolution may be ordered by the court, but any final agreement made during mediation is made by the couple themselves.

Are There Residency Requirements When Filing for Divorce in Smyrna?

A person can only get a divorce in Georgia if they have lived in the state for at least six months before filing for divorce. Someone who lives on a U.S. military base in Georgia can file for divorce after living there for one year. If one spouse lives outside Georgia, they can still file for divorce in Smyrna if the other spouse has lived there for at least six months before the filing.

Can I Transfer Property Before the Divorce is Finalized?

After a divorce petition is filed, neither spouse can transfer property in a way that would try to hide it or prevent it from being divided according to the final court decision. Doing so has legal consequences in your case. However, property can be transferred if the transfer is a genuine payment for debts already owed. It’s important to move through your divorce as openly and honestly as possible, under the guidance of a lawyer.

Hire a Property Division Lawyer That You Can Rely On

At Young Law Firm, LLC, our team treats family law matters with the care they require. Reach out to our office today or call 770-758-8976 to learn how we can support you. We offer free, 30-minute initial consultations and accept all major credit cards for client payments. People need a solid support system when going through a divorce. Attorney Young is here to help.