Equitable Distribution
of Asset
The most basic element of any divorce in
Atlanta, Georgia is dividing up the various assets and liabilities
of the parties in a fair manner.
In order to obtain this fair division of property in a
divorce, first the court must determine what is and is not a marital
asset. Certain items,
under certain conditions, are considered premarital property (such
as a house purchased prior to a marriage) or separate property (such
as an inheritance received during a marriage) and are not considered
as part of the marital property.
Once the determination of what is, and is not, marital property,
courts attempt to divide the marital property among the parties
in a fair and reasonable (note not necessarily equal) manner.
Unlike some other states, Georgia is considered an equitable
distribution state. Equitable distribution does not necessarily
mean the parties equally split the marital assets. In short,
the court has broad
discretion to determine equitable distribution and may
consider the following factors:
-
Length of the marriage
-
What each party contributed to the property
(financial and other such as what a homemaker would provide)
-
Appreciation of assets during the marriage as a
result of either or both spouse
-
Contributions of each spouse to the marriage
-
The conduct of the parties during
the marriage and in reference to the divorce
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Given the complexities involved, and in order to make sure you receive
and retain all the assets you are entitled to after a divorce, it is
important to talk with a trusted legal advisor, like those at Meriwether
& Tharp, to guide you through the legal maze of not only determining
what is marital property but how
it should be distributed in your divorce.
Atlanta
Office:
3340 Peachtree Road
Suite 1800
Atlanta, Georgia 30326 |
Meriwether & Tharp, LLC
11475 Great Oaks Way
Suite 125
Alpharetta, Georgia 30022
P: 678-879-9000 / F: 678-879-9001
Intake@mtlawoffice.com
|
Canton
Office:
270 East Main Street
Suite B, Century Building
Canton, Georgia 30114 |
Our lawyers are dedicated to providing excellent
legal services for divorce, child support and child custody issues
in the Atlanta, Georgia area, including: Acworth, Alpharetta,
Austell, Avondale Estates, Ball Ground, Buford, Canton, Chamblee,
Cherokee, Cobb, Cumming, Dacula, Decatur, DeKalb, Doraville, Duluth,
Dunwoody, Forsyth, Fulton, Gainesville, Gwinnett, Hall, Johns Creek,
Kennesaw, Lawrenceville, Lilburn, Lithonia, Marietta, Milton,
Norcross, Powder Springs, Roswell, Sandy Springs, Smyrna,
Snellville, Stone Mountain, Suwanee, and Woodstock.
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