Home and Property Division
Top Divorce Law Firm With Offices in Alpharetta and Woodstock
What happens to your property when you get divorced? Do you and your spouse split everything down the middle? If not, how do you decide who gets more (and how much more)? In any case, how do you decide who gets what? As an Alpharetta divorce law firm with an office in Woodstock, we routinely help divorcing spouses answer these types of questions.
When you contact us for a free initial consultation, one of our attorneys will explain everything you need to know. Even if you and your spouse have relatively few assets (and no major assets, such as a house), you still need to carefully address the property-related aspects of your divorce. If you own your home (or own multiple properties), if you and your spouse have retirement accounts, or if you have accumulated substantial assets over the course of your marriage, you will need to work closely with your Georgia divorce attorney to make sure you retain all of the assets to which you are entitled under Georgia law.
In Georgia, a 50-50 Split of Marital Assets is Not the Norm
Under Georgia law, the division of spouses’ marital assets must be “equitable.” Equitable does not mean equal. Instead, the law examines what is fair under the circumstances. Given all of the various possibilities, you can see how a precise 50-50 split is unlikely to be the most equitable option the majority of the time.
When deciding what is equitable, the Georgia courts (and divorcing spouses who wish to keep their divorce out of court) are required to consider a variety of different factors. These factors include:
- The spouses’ respective conduct preceding their divorce (i.e. whether either spouse was abusive or committed adultery)
- Whether either spouse committed waste of inheritance, pre-marital or marital property (i.e. by buying luxury items, collectibles, gambling, drugs,prostitutes, etc.)
- The spouses’ respective separate assets
- The spouses’ respective contributions to their marital estate and their family unit
- The spouses’ respective incomes and earning capacities
- The spouses’ joint and separate debts
- The spouses’ respective future needs (including their needs in retirement)
Importantly, one factor that is absent from this list is title ownership. In Georgia, even if only one spouse’s name is listed on the title to an asset (such as a home or car), the asset can still constitute marital property.
In Many Cases, Housewives Will Be Entitled to More than 50 Percent of Marital Assets
Under Georgia’s “equitable distribution” law, housewives will often be entitled to more than 50 percent of their marital estate.If the wife stayed home to care for the couple’s children, the factors listed above will often weigh significantly in her favor. At North Metro Litigators, we help stay-at-home moms and other housewives in Alpharetta, Woodstock and the surrounding areas maximize their property rights post-divorce.
Request a Free Initial Consultation at a Top Georgia Woodstock Divorce Law Firm
To speak with the attorneys at our divorce law firm, please call 770-574-6391 (Alpharetta) or 678-264-6237 (Woodstock), or contact us online. Your initial consultation is free and confidential, and we can schedule an appointment at a time that is convenient for you.