Division of Property

Canton GA Property Division Lawyers

Each state has its own rules and statutes regarding marital property and how it should be divided during a divorce. In Georgia, the state believes in “equitable” distribution, which is not the same as “equal” division. There are many factors the court can consider. As a family law firm since 1984, we have represented men and women on either end of the spectrum — from couples with more debts than assets to couples with second homes and family-owned businesses owned jointly by the spouses.

The Mason Law Firm, LLC, is a family-owned Canton law firm that can help you through the difficult process of untangling your assets and debts so you can start your new lives. One of the common misconceptions is that assets or debts acquired by one spouse become that spouse’s responsibility. In general, this is not true. Our Canton property division attorneys will go through the property division process with you in detail. If any asset or debt is left out of the debt and asset division, it can be considered wrongful conduct by the court.

At the Court’s Discretion

In Georgia, the court has significant discretion when it comes to property division. In general, there are premarital assets (your 401(k) prior to marriage) and marital assets (your 401(k) additions during marriage). Premarital assets are generally not subject to division, but we must prove they are premarital assets. All marital debts and assets are divided. These include:

  • Home equity
  • Retirement plans such as 401(k)s and IRAs
  • Motor vehicles
  • Savings accounts
  • Credit card balances
  • Unpaid taxes

When the court determines how to divide the assets and debts, it considers many factors including:

  • Conduct of each spouse during the marriage
  • Debts and assets of each spouse
  • Future needs of each spouse, including retirement needs
  • Income and earning capacity of each spouse
  • Wrongful conduct regarding spending down the assets by either spouse

Our law firm is able to help you reach an agreement with your spouse regarding the division of property. If an agreement cannot be reached, the court will make the decision for you.

On many occasions, it will be necessary to prove you entered the marriage with a premarital asset. We know and hire experienced experts to prove your premarital claim. In addition, we look to a person’s conduct to determine whether 50/50 is an appropriate split of assets or debts. Many times when adultery is involved, property division becomes a more widely contested issue.

We also hire experts to investigate the finances of a party. This party could be hiding money or simply commingling business assets with marital assets. Before we settle a case, we need to know what assets and debts exist. It simply is not as easy as trusting the other party to disclose assets and debts.

We also represent small business owners who are afraid a divorce will cause the family business to become bankrupt. We work with each client to structure a settlement which provides you with as much security as possible.

Our Family Putting Your Family First: Contact Georgia Equitable Division Lawyers

Let our family help your family. Contact The Mason Law Firm, LLC, via e-mail or call 770-720-7596.