Middle Georgia Divorce Attorney

How is property divided in a Georgia Divorce? 

In Georgia, marital property is divided based on an “equitable division” meaning the marital property is divided fairly and not necessarily a 50/50 split. Both assets and debts are divided equitably. 

In determining fairness, Georgia courts generally consider many factors including: 

· Each spouse’s contribution toward acquiring and maintaining the property; 

· Each spouse’s intent regarding the ownership of the property;

· The length of the marriage;

· Each spouse’s contribution to the family unit; 

· Each spouse’s non-marital assets; 

· Each spouse’s earning potential; 

· Each spouse’s future needs; and

· Each spouse’s conduct during the marriage. 

What is the difference between “Marital” and “Non-Marital” Property? 

Georgia courts only divide marital property in a divorce. Property that was acquired by the spouses during the marriage is considered marital and subject to division. 

Any property that was acquired before the marriage or received by gift or inheritance during the marriage is considered non-marital. 

Proving whether property is non-marital or not and accurately determining the value of marital property—especially when a business is involved—can be difficult. Contact J. Matthew Sanders today for help getting the results you want. 

How long does a divorce take in Georgia? 

Divorces can either be “contested” or “uncontested” depending on whether the spouses agree to the terms of property division, alimony, child custody and child support (if children are involved). 

If a divorce is uncontested or partially uncontested (meaning the spouses have agreements regarding their assets, alimony, children, etc.) then the divorce process if quick. In these cases, the assistance of a divorce attorney is helpful to ensure the case is properly filed and that a fair agreement is reached. 

For uncontested divorces, however, the divorce can take several months (even years) depending on the facts of your case and the County your case is in. In these cases, the assistance of a divorce attorney is vital to understand and navigate the complicated process of divorce in Georgia. 

Contact J. Matthew Sanders today to ensure your rights are protected in a divorce case.