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Marietta Equitable Property Division Attorney

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 (770) 424-1400 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 commingled with marital assets.

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.

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 and bank accounts
  • Vehicles
  • Additional real estate property or businesses
  • Retirement plans
  • Personal property
  • Other assets acquired during the marriage

We have experience dealing with property division in complex divorces, finding hidden assets and properly dividing retirement accounts.

Property Division Factors

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.

Contact a Georgia Asset Distribution Attorney

Call the law office of G. Cleveland Payne III, P.C., today at (770) 424-1400 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.


G. Cleveland Payne III P.C.

4.9 / 5.0

Based on 10 reviews

Beth Talbert

Mr. Payne was a godsend! I recently relocated to Georgia from California where I had been struggling to procure a divorce for quite some time. Upon my first telephone consultation with Mr. Payne, he clearly explained the process that needed to take place, an approximate timeline and the expense involved. He provided every aspect as laid out with the utmost professionalism and courtesy as well as finalizing my divorce ahead of schedule and under budget. I couldn't have asked for him to be any more considerate in guiding me through an emotionally difficult process. Thank you Mr. Payne!!

Sandy Carr

When finding myself in a life changing situation, I wanted a lawyer with good morals and values to represent me. I also wanted to find someone who could represent me without becoming a number in a large law firm. In choosing Mr. Payne I felt I received the time and attention required to move forward in my circumstances with positive results. He and his staff were both professional, knowledgeable, thorough and caring which meant a lot to me while moving through a difficult time. I was continually involved and kept updated throughout the whole legal process.

Dennis Stahl

I have personally known Cleve Payne for many years and can certainly attest to his unmatched attention to detail and the way he is always striving to treating people with the upmost respect and dignity. His professionalism is without exception and above all he always has your best interests at heart. He is a man among men!

Phillip Turner

Cleve Payne is a credit to the legal profession and a genuinely sincere and caring individual. His practice of family law and divorce has focused for years on helping others and making sure that the legal involvement does not overshadow his dedication to assisting people. I have known Cleve for many years and can say with conviction that he is a person of integrity and high moral standards in his professional and personal life; a totally trustworthy and considerate individual.

Karen Gheesling

Mr. Payne was a great help with probating my parent's will. He was knowledgeable and very kind. He answered any questions that arose and handled the situation in a timely manner. I later returned to him to have my will prepared. I highly recommend Mr. Payne for any legal service.

Susan Carver

Mr Payne was very knowledgeable and helpful, provided valuable advice and guidance, and was compassionate and sensitive to my personal situation.

Pete Montgomery

Cleve Payne has been our family lawyer for the last 10 yrs and has helped us through several issues during that time. My wife and I would highly recommend him to anyone looking for an honest, knowledgeable, and caring attorney.

Eric Olson

I have used Cleve for over five years. He is conscientious, knowledgeable, and thorough. He is people-oriented and cares about his clients both professionally and personally.

Contact Us

248 Roswell St
Marietta, GA, 30060

(770) 424-1400

Opening Times

Monday - Friday 9 AM - 5 PM