After you’ve made the difficult decision to divorce, there will be several issues to work out before your settlement can be finalized. However, one of the top concerns for most couples is the division of property. This is a complex area of family law that involves specific rules and procedures, but it’s important to understand what the process entails to ensure your rights are protected. The following guide explains how the courts handle this matter in Georgia.  

What Is Marital Property?

Marital property refers to any assets acquired by a couple during the course of their marriage. This can include bank accounts, the marital home, vehicles, and retirement accounts. However, this is different from separate property, which refers to any asset obtained by either spouse before entering the marriage, as well as property received by inheritance or a third-party gift. Separate property isn’t subject to division in a divorce, so it’s important to make a distinction between the two. 

What Factors Are Considered When Dividing Property?

Georgia is considered an equitable distribution state. As such, the family law courts are required to divide marital property in a fair manner. To accomplish this, they must take a number of factors into account, such as the financial circumstances, the age and health, the income-earning ability, and the future needs of each spouse. The court may also factor in who is at fault for the divorce, such as infidelity, and any conduct of either spouse that resulted in the squandering of marital assets, such as gambling. 

How Can a Divorce Lawyer Help?

Property division is often a contentious issue in divorce. Unfortunately, many spouses are tempted to conceal assets, so they’ll be left with more after the court decides on the terms of the settlement. An experienced divorce lawyer will know how to identify hidden assets and help make sure all your marital property is accounted for properly. 

If you’re going through a divorce, turn to Hildebrand Law Office, P.C., for expert legal advice and guidance. They have extensive knowledge in family law and will advocate aggressively for your best interests to ensure you receive the most favorable outcome possible. Serving residents throughout Walker County, GA, and the surrounding communities for over 20 years, this firm is committed to giving each case the personalized attention it deserves. Call (706) 638-6009 to schedule a consultation, or visit them online to learn more about their services.