Is there a Property Division Calculator?

Not all divorces are drawn out highly emotional battles. But, even amicable splits benefit tremendously from experienced legal counsel. When you file for divorce there are many things to consider. The legal counsel that the Edwards Law Group offers, can go a long way. 

Georgia is not a Community Property State. In these states, any assets or property acquired during the marriage are owned equally by both spouses. Georgia is an equitable distribution state. This means that any assets, properties, and debts, are divided equitably in the event of a divorce. 

Expectations play a huge role during a marriage. Likewise, they’re important during a divorce too. You should understand the basics of what the state has defined as equitable.

Equity and equality are not the same. Equitable means fair, not equal. There are many times that a 50/50 division of assets is accomplished but all cases are unique. The 50/50 division of property is not a rule in Georgia family court.

Community Property states often employ certain accounting tactics and calculations to divide property. Since Georgia is not a community property state there is no such calculator. There is no formula or calculator to see what property division might look like. Judges rely on certain factors in the individual case to make what they deem as ‘fair divisions.’ 

A divorce can be one of the most consequential moments in anyone’s life. The Edwards Law Group understands this. We have over 15 years of experience helping our clients through this emotional and often difficult process.

You need an attorney by your side. They can explain the legal process and long-term effects of a divorce agreement. If you’re thinking about initiating a divorce in Atlanta or in the Atlanta Metro area, contact us today.

 

Georgia Divorce Laws: Property Division

During a divorce, a full evaluation of your family’s estate needs to be conducted. Tangible assets, real estate, fixed assets, financial statements, and more all need to be studied carefully.

Georgia generally separates property into two categories. These are separate property and marital property. Separate property includes all property that was acquired prior to the marriage. Marital property is property acquired during a marriage (even if it is titled under one spouse’s name).

There are many factors that go into determining property division in Georgia. This might be the length of the marriage, the contributions to both the family unit and marital property each spouse gave, and the reason for divorcing.

Things that might be considered marital property and thus be in the discussion for division include real estate, stocks, trusts, debt, and settlements. Each type of asset/property has a long legal background which determines if it is divisible or not. A divorce attorney is highly recommended. Especially if there are multiple sources of income or assets.

 

What can a Georgia Divorce Lawyer do for you?

Making sure that property is divided fairly during a divorce in Georgia is not an easy thing to do. Arguing in front of a judge, especially with inadequate legal counsel, is best left to professionals. Our firm can help you protect your interests.

Our experience and history of success is what drives our firm and it’s the reason you can trust us to defend you. Contact us today by clicking here.

One of the questions our family law firm receives frequently has to do with the annulment of a marriage. “Can I annul my marriage?” “Is annulment better than divorce?” “Do both persons have to consent to annul a marriage?” Before going further, let’s break down what annulment means in Georgia. 

 

Both divorces and annulments make definitive legal decisions towards the fate of a marriage. Divorces usually involve a set legal process and the division of assets as well as determinations of child custody, child support payments, and alimony. Most divorces are civil terminations of a marriage that existed and was valid in front of the eyes of the law. This is where the major difference lies between annulments and divorces. Annulments of marriage are, in civil law, a declaration that a marriage was never truly valid, hence it never really existed. 

 

Now, you might be asking yourself, how can a marriage not have been valid? This is where the process of annulling a marriage can become complicated. In general, nationwide, annulments are harder to be successfully won than divorces. This is because annulment laws tend to be very well defined and might come with time limits. Georgia is a state with considerably stricter annulment laws than other states, like Nevada.

 

In Georgia there are a few acceptable grounds for annulment:

• Bigamy: One or both spouses are legally married to a living person.
• Incest: The spouses are closely related.
• Incompetence to comply: At the time of the marriage, one or both spouses were not of sound mind.
• Underage: At the time of the marriage, one or both spouses were underage and did not receive consent from their legal guardian(s) to be married
• Coercion or Fraud: One or both spouses were coerced into the marriage and/or one or both spouses engaged in fraudulent behavior. 

Prohibition of annulment:

• Georgia law explicitly prohibits annulments when a spouse is pregnant or if the marriage includes children. 

 

Common questions regarding annulment in Georgia

In Georgia, an annulment follows very similar procedures to that of a divorce. Just like divorces, annulments can be messy situations, legally and socially. Similar to divorce an annulment can usually take three routes. First, both spouses can collaboratively agree to the annulment. This can make the process streamlined and quick. If a spouse files for annulment and the other partner does not respond within the court’s allotted time frame then a judge can void the marriage directly. But, if a spouse rejects the proposal, then this legal process can go all the way to trial. 

 

Experienced Georgia Family Law Firm

For some, an annulment might be the right option in ending a marriage. Divorce can carry heavy pressure and social stigma for certain individuals, so an annulment could be an easier decision to make. Whether you are considering annulling a marriage or weighing your options in considering divorce, we highly recommend choosing the right attorney, especially one with experience in family law and divorce. The Edwards Law Group has over a decade of experience in this field. Joy Edwards and her team dedicate their time and resources towards defending their clients and fighting on their behalf. If you have any questions regarding divorce or family law matters, contact us.