Because Georgia is an equitable distribution state, couples must divide all marital assets in a fair and equitable way, regardless of who bought or “owns” it at the time of divorce. Read on to find out more about your divorce property rights in Georgia.

Do equitable distribution laws always have an effect on property division in Georgia?

Georgia equitable distribution laws will affect what property you receive, unless you and your spouse drafted and signed a prenuptial or postnuptial agreement.

If you and your spouse did not draft a prenuptial or postnuptial agreement, you will need to fill out a Separation Agreement, which will detail who receives what. Remember that you must divide the property equitably. This does not mean that you need to divide everything right down the middle, but it must be a fair division (e.g., you may be able to keep your business if you let your spouse keep the house).

If you and your spouse cannot come to an agreement, you must take your case to court, where a judge will decide who receives what. 

Property division can go smoothly or it can be quite a bumpy road. The property division attorneys at Ward Law Firm can help protect your property rights in either case.

Contact us today at 770-383-1973 to schedule your REAL Case Analysis.