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What is the standard for property division in a Georgia divorce?

On Behalf of | Nov 14, 2022 | Property Division |

The end of the marriage is typically an emotional time that is fraught with major practical concerns. Individuals contemplating divorce have to think about their obligations to their shared children and their financial circumstances very carefully. They can either settle their issues on their own or turn to the courts to resolve their disputes. 

A small percentage of couples have marital agreements, like prenuptial agreements, that explain in detail how they should divide their property. Other couples don’t have such plans in place and have to go to Georgia family court to split up their property and financial obligations. 

What is the Georgia state approach to litigated property division? 

Property division should be a fair process in Georgia

State law requires that a judge dividing the assets of a married couple seek an equitable or fair solution for the division of their assets and responsibilities. A judge will need to learn about details such as how long the marriage lasted, how much each spouse made during the marriage and the unpaid contributions of each spouse. They may also need to consider child custody arrangements, separate property and earning potential after the divorce. 

Judges have the authority to make unique, customized plans based on what they believe would be equitable and just for the family. They can order the sale or division of certain marital assets. They can also require that one spouse take on more of the couple’s debts. Understanding the property division statute that applies in Georgia divorces can help you prepare for a hearing or better handle negotiations with your ex.