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

On Behalf of | Jun 21, 2022 | Family Law

The idea of divorce can make people feel nervous about their futures. It is normal to worry about what divorce will mean for your life and your finances, especially if your marriage has lasted for decades. 

Divorce means taking a leap into the unknown, and much about the process can be hard to predict. The more you understand about Georgia divorce proceedings, the easier it will be to make an informed decision about your marriage and the looming possibility of a divorce. 

Many people with children feel reassured after learning that the state typically prefers shared custody arrangements rather than sole custody by one parent. Those whose main concern is what will happen to their personal property may benefit from learning about how the Georgia family courts will divide their assets and debts if they litigate instead of settling with their spouse. 

Georgia is an equitable distribution state

Most states use the equitable distribution standard for the division of marital property in a divorce, including Georgia. After looking at an inventory of assets and debts and learning more about the individuals getting divorced and the history of their marriage, a judge will decide a fair and appropriate way to divide their marital property. 

Health issues, unpaid contributions to the family and custody arrangements are all among the factors that can influence how a judge divides your property. Those with prenuptial agreements or who can negotiate a property settlement with their spouse can avoid the uncertainty of litigation and maintain control over their financial circumstances during and after the divorce. 

Reviewing your personal circumstances and household assets can give you at least a rough idea of what to expect in litigated property division proceedings.

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