Attorney Malone W. Allen

Atlanta Property Division Lawyer

Navigating the Complexities of Asset Division in Divorce

At Resurgens Legal Counsel, we understand that the division of assets is often one of the most complex and contentious aspects of a divorce. We are committed to guiding you through this intricate process with a blend of legal expertise and compassionate understanding. Georgia law follows the principle of “equitable distribution” of marital assets meaning that assets and debts acquired during the marriage are divided fairly, though not necessarily equally. Separate property—assets that were acquired prior to the marriage and maintained separately from marital assets (as well as certain other categories)—are generally not subject to division in the divorce. Our role is to ensure the property identification of marital and separate assets, and advocate for a division of the marital assets and debts that reflects the unique circumstances of your marriage, taking into account factors like the duration of the marriage, each spouse's contributions (financial and non-financial), and future financial needs.

Strategic Approach to Protecting Your Interests

In asset division, our approach at Resurgens Legal Counsel is strategic and thorough. We meticulously analyze all marital assets, including real estate, investments, retirement accounts, and business interests, ensuring that they are accurately valued and equitably divided. Our team is adept at uncovering hidden assets and navigating complex financial situations, always aiming to protect your interests and secure your financial future. Whether through negotiation, mediation, or litigation, we are committed to achieving a resolution that aligns with your goals and provides you with the stability and security you need to move forward.

Personalized Support and Expert Representation

Every divorce is unique, and so is the division of assets within it. We understand that what may be equitable in one situation may not be in another. That’s why we provide personalized legal support tailored to your specific situation. From the initial consultation to the final settlement or court decision, we stand by your side, offering expert legal advice, specifically tailored strategy, and strong representation. Our commitment is to navigate the complexities of asset division with you, ensuring that you emerge from your divorce with a fair and just outcome.

In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.

Principal Attorney

Family Law
Practice Areas

Divorce
Alimony
Division of Assets
Child Custody
Child Support
Modifications
Contempt of Court
Separate Maintenance
Legitimation and Paternity
Prenuptial Agreements
Postnuptial Agreements
Family Violence Orders
Stalking Protective Orders
Equitable Caregiver Claims
Grandparents’ Rights
Family Law Appeals

“[Malone’s] detailed and professional approach put me at ease when complex legal matters were being discussed and settled. His eye to protect my interests while also advising me on a course to follow that minimized overall costs was excellent!”
-Former Client

  • Equitable distribution in Georgia means that during a divorce, marital assets and debts are divided in a manner that is fair but not necessarily equal. The court considers various factors, such as each spouse's financial contributions, future needs, and the length of the marriage, to determine a just allocation of assets and liabilities.

  • Generally, in Georgia, all assets acquired during the marriage are considered marital property and are subject to division. However, there are exceptions, such as inheritances or gifts received by one spouse, which are typically treated as separate property unless they have been commingled with marital assets. Assets acquired prior to the marriage (and not intermingled with marital assets or gifted to the marital estate) are also considered separate property, not subject to division, in most cases.

  • In a Georgia divorce, debts are divided following the same principles of equitable distribution as assets. The court looks at factors such as who incurred the debt and for what purpose, as well as each spouse's ability to pay, to fairly allocate the responsibility of debts.

  • The division of the family home in a Georgia divorce depends on various factors, including who has primary custody of children, each spouse's financial situation, and whether other assets can be distributed to offset the value of the home. The court may order the home to be sold, or one spouse may buy out the other's interest.

  • Retirement accounts and pensions accumulated during the marriage are considered marital property in Georgia and are subject to equitable distribution. They may require a Qualified Domestic Relations Order (QDRO) to divide them without incurring penalties or affecting their tax status.

  • If you and your spouse own a business together, its division in a Georgia divorce can be complex. The business will need to be valued, which may require financial experts. The court will then decide whether to split the business, allocate its entire value to one spouse, or order its sale.

  • Personal items, such as jewelry and art, are divided based on their classification as marital or separate property. If marital, their value is considered in the overall asset division, and the court will aim for an equitable distribution, considering sentimental value and original ownership.

  • Yes, spouses in Georgia are encouraged to reach an agreement on asset division through mediation. This allows for a more flexible and private process, often resulting in a more satisfactory and quicker resolution than litigation.

Georgia
Asset Division
FAQs

Have a questions about an issue that isn’t listed here? Don’t hesitate to reach out to us to discuss the specifics of your case to see how we can help.

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If you're navigating the complexities of divorce and seeking knowledgeable guidance, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.