Property Division

Don't Let The Fear Of Financial Uncertainty Keep You In An Unhappy Marriage

Financial concerns are a common underlying reason for divorce and a primary concern during the process. Will I be able to provide for my children and myself? Will I have to sell the house? Will I have enough assets for retirement?

At Terri Herron Law, we take as much uncertainty out of the process as possible so that you can prepare for the future with confidence. We promise to educate you at every step about the process and your rights. Call our law office in Atlanta, Alpharetta, Lawrenceville or Snellville at 404-692-6487 if you have any concerns. Our attorney will answer all of your property division questions.

Understanding Equitable Division In Georgia

Your property is divided under the theory of equitable division when you file for divorce in Georgia. Property division is an area of divorce law that is complicated and often misunderstood. It can be a real source of confusion and fear, which is why it is important to clarify some things about property division.

  • All property is considered, but not all property is subject to division: Spouses are required to disclose all property. Property acquired during the marriage is marital property and is subject to division with certain exceptions such as inheritances.
  • Marital property is not determined by title: If property is held in title by only one spouse, it does not automatically mean that it will belong to that spouse in a divorce.
  • Equitable does not necessarily mean equal: While a property settlement could result in a 50-50 division, this is not mandatory or guaranteed. A judge will consider several factors in determining what is equitable, including current income, earning capacity, education, vocational skills, and each party's contribution to the acquisition or enhancement of the value of marital assets.
  • Property acquired during a separation is marital until the finalization of your divorce: Even if you are living separately from your spouse, the assets and liabilities that each spouse acquires are considered marital property. A legal separation can help protect your property interests during this time.

Talk To Our Lawyer. Start Protecting Your Marital Interest Today!

Are you considering divorce? Have you already made the decision to file? Schedule a free consultation to learn how our attorney can help you protect your marital interests. Call our attentive staff at 404-692-6487 or send us your information. We promptly return all emails.