Divorce is the dissolution of a marriage. Per Georgia statutes, the marital estate must be “equitably divided.” What this means is a “fair” division and not necessarily an equal division, however, most marital estates tend to be equally divided (barring special circumstances). This division is where it’s most important to have an attorney that knows the law, understands your individual circumstances, and is willing to go the extra lengths to make sure you get what you need to begin the next chapter of your life. The marital estate includes, but is not limited to, marital assets such as banking accounts, real property, vehicles, businesses, retirement accounts, investment accounts, debts, furniture, furnishings, and household items. Depending on your case, there could also be a variety of issues, including child custody, parenting time, child support, and spousal support/alimony.

Georgia is known as an “equitable division” state, and is not a community property state. This means that Georgia requires an equitable division or a “fair” division. The marital estate includes, but is not limited to, marital assets such as banking accounts, real property, vehicles, businesses, retirement accounts, investment accounts, debts, furniture, furnishings, and household items. Unless the parties have executed a pre-nuptial or post-nuptial agreement, Georgia law provides that anything incurred from the date of the marriage forward is considered marital property subject to division. The fact that an asset might be titled in only one person’s name has little to do with the final determination of how that asset should be equitably divided. To discuss your rights during your divorce, call the office to schedule a consultation with Emily Yu.