In a Georgia divorce, most of assets and debts of both parties are subject to equitable division. An equitable division is not necessarily a 50/50 split. It is a division which is equitable based upon the conduct and circumstances of the parties.
Married Georgians can hold property in their own name. However, if a divorce occurs, most property owned by either party is subject to equitable division. There are two major exceptions. Property acquired before a marriage, if kept distinct from other accounts, may remain separate and would not be subject to equitable distribution. Similarly, gifts and inheritances received during a marriage, as well as interests in family trusts, are not generally subject to equitable distribution unless they are mingled with marital property.
Once a court determines what property is subject to equitable distribution, it will look to the following factors in dividing it:
Equitable distribution is an open-ended inquiry in which their is no “right” answer. Effective advocacy is rarely more important than in dividing marital property. Whether you receive 35% or 65% of the combined assets could depend upon the skill and preparation of your attorney.