Newnan Division of Assets Lawyer Assists Divorcing Clients
Firm pursues favorable resolutions for clients under Georgia’s equitable distribution law
Often, one of the difficult issues that arises during the divorce process in Georgia is dividing the property that the couple accumulated during their marriage. If this issue cannot be settled among the parties, the court decides how to allocate assets and debts. Whether your case is resolved at trial or a negotiation table, the Law Office of S. Mark Mitchell, LLC in Newnan will represent your interests effectively.
How Georgia handles property division
Georgia distinguishes between marital property, which is accumulated during the marriage, and separate property, which each spouse acquired before marriage or by gift or inheritance that they received individually. Only marital property is divided as part of a divorce; each spouse keeps their separate property. In deciding how to divide the marital property, the court uses the principle of equitable distribution. That means that the divorce court is required to divide your marital assets fairly, but not necessarily equally.
Types of assets subject to division
A wide variety of assets are commonly divided in a divorce, including:
- The marital residence and other real estate
- Personal property of all kinds
- Bank accounts
- Retirement funds
- Businesses
- Securities
Some types of assets might need to be valued by experts, and some, such as pensions, stock options and business interests, might involve complex methods of asset division. I understand how important it is to ensure that the process is fair and will work diligently toward that end.
What factors do courts consider in an equitable distribution analysis?
Courts typically consider a number of factors when deciding how to divide marital assets equitably, such as:
- The length of the marriage
- Each spouse’s financial and non-financial contributions to the marriage
- Each spouse’s earning capacity and needs
- Misconduct that impacted marital finances, such as waste or dissipation of assets
After reviewing all of the pertinent facts, I will construct a strong argument for the property division terms that you deserve.
Common challenges during the asset allocation process
Pursuing a marital asset division that is truly fair to you might trigger disagreements over asset valuation and what constitutes marital property. There also situations where a husband or wife hides assets to gain an advantage by keeping them out of the divisible marital estate. Depending on the circumstances, I may seek to resolve these issues through negotiation, mediation or litigation. In any case, I have the skill, experience and knowledge as a divorce attorney to give my clients an edge and increase their chance at a favorable outcome.
Contact a Georgia divorce attorney to discuss your property division matter
Division of property in divorce is a challenging process on many levels, but an proven attorney can guide you through it efficiently. At the Law Office of S. Mark Mitchell, LLC in Newnan, my firm strives to obtain a fair result so clients can start the next phase of their lives on a strong financial foundation. Call 470-344-8550 or contact me online to schedule a free consultation.
