Marietta Equitable Property Division Lawyer

Skilled Property Division Lawyer Serving Georgia

One of the most contentious issues in any divorce action is the issue of how all of the property accumulated during the marriage should be divided. The law office of G. Cleveland Payne, III, P.C., is here to help you navigate this sensitive subject while aggressively preserving your rights and interests.

Call us today at 678-905-7498 or e-mail us to schedule your divorce consultation.

Analyzing Each Asset Properly

In Georgia, all assets that are deemed to be marital property are subject to equitable distribution during divorce. Nonmarital assets are not subject to equitable distribution and may be kept as separate property by each spouse. Some examples of nonmarital property include assets willed to an individual, inheritances, gifts, or assets that a spouse accumulated before the marriage and have not been comingled with marital assets. Additionally, whatever you contributed to a retirement plan before your marriage is not subject to equitable division as long as you can prove the premarital amount accurately.

Equitable division means that not all property has to be divided equally, but rather, the parties must split the available marital assets in a manner that is equitable or fair. This is the standard that the court uses when divorces are litigated and it is the approach that Marietta equitable property division lawyer G. Cleveland Payne, III uses when negotiating a sound divorce agreement.

A Skilled and Thorough Georgia Asset Distribution Lawyer

Our firm will help you figure out how to divide each piece of marital property subject to equitable distribution, including:

• Marital home
• Bank accounts
• Vehicles
• Additional real estate property
• Businesses
• Retirement plans
• Personal property
• Other assets acquired during the marriage

The court will also consider many other factors when determining how equitable division will affect what each party will be awarded. For instance, the Court may consider:

• Standard of living maintained by the family during the marriage
• The earning capacities of both parties
• The education, training, vocational skills, and work experience of both parties
• The current income of both parties, each party's contribution to the acquisition of existing marital assets and each party's enhancement of the value of existing marital assets
• The age and health of the parties
• The assets, debts, and liabilities of the parties
• The needs of each of the parties
• Provisions for the custody of the minor children

In some cases, a judge may also consider whether either party has drained or diminished the value of the martial assets by wrongful conduct. A judge may also consider whether one party's adverse conduct should affect their portion of an equitable property division verdict.

We can help you properly value each asset and zealously argue your position to the court using all of these factors that the court considers. More importantly, we can help you figure out what portion of the marital debts should be allocated to each party. Which party will take on more debt service can affect who is awarded which assets as well as how alimony and support payments are calculated.

Call the law office of G. Cleveland Payne III, P.C., today at 678-905-7498 to schedule a consultation to discuss how we can help you achieve an equitable property division outcome that protects your present and future needs. You can also e-mail us to get a prompt response.