logo logo

770-609-1247 | Georgia Divorce Property Division Attorneys

Divorce Family Bankruptcy Business Estates Wills Trusts Immigration Lawyers Attorneys Georgia

Coleman Legal Group, LLC

Phone: 770-609-1247

Divorce property division in a Georgia divorce can be a complex issue that required the assistance of an experienced attorney – or it may be an issue that easily settled by the parties early in a divorce process. 

Marital property is particularly the property or assets of the spouses acquired or purchased during the course of marriage. During a contested divorce in Georgia the marital assets are to be divided equitably despite which particular spouse has laid claim to the property.  Property division is relevant in both uncontested and contested divorce cases.  But as expected, the issue is elevated in importance in contested divorce cases involving significant assets. 

An equitable distribution of marital debts, assets, properties, etc. does not necessarily mean that the items in question will be equally divided. An individual’s property obtained prior to the marriage is referred to as separate property and is not applicable to equitable division under marital properties.

There is also the concept of “Non-Marital Property” or “Separate Property” which is not equitably divided in a divorce. Rather, Non-Marital / Separate Property remains the property of the owner of the property.

Examples of Non-Marital Property But is Not Limited To:

• Property Owned Before the Marriage
• Property Acquired During the Marriage by Gift (but not necessarily inkling gifts from the spouse)
• Property Acquired during the Marriage by Inheritance
• Earnings on Separate Property
• Item Purchased or Exchanged for Separate Property
• Any Increase in the Value of Separate Property

The status of property as “Non-Marital / Separate Property” can be destroyed or diminished by the intermingling of separate property with marital property.

This can include, but not limited to, the following actions:

• Allowing the Non-Titled Spouse to Make Improvements / Payments on the Separate Property
• Titling the Non-Marital property partially or fully in the name of the other spouse
• Comingling the funds of the other spouse with accounts that the separate property include

In any divorce case involving significant assets, it is important to consult with an experienced divorce attorney as early in the process as possible. It is not uncommon for people to make rash and detrimental decisions regarding property early in divorce process relying on the advice of accountants and financial planners rather than the advice of a divorce attorney experienced in complex property division.

Call 770-609-1247 now to speak with an experienced divorce attorney with an ongoing working knowledge of the complexities of property division in Georgia divorce cases.

Call 770-609-1247 or use the Email Submission Form Below

Weekend and Evening Appointments and Consultations Available.

[contact-form-7 id=”1180″ title=”CLG Contact – Body”]

Main Office, Alpharetta, Georgia:  5755 North Point Parkway, Suite 52, Alpharetta, GA 30022

Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Privacy Policy | Site Map

 

Advice for Father’s in Divorce

Posted by on Oct 27, 2015 in Divorce | 0 comments

Advice for Father’s in Divorce

Fathers going through divorce frequently report to us that the process is much more stressful and complicated than they first anticipated.  This is due the the court’s stritct requirements that a detailed parenting plan and child support worksheet and addendum be filed with the court, with a supporting domestic relations financial affidavit.  Once you add this to mixture of emotions and trying to the best father possible, things can get really hard for when you are also working many hours to support your family.  However, there are ways...

read more

Is Separation Right For You?

Posted by on Sep 29, 2015 in Divorce, Family Law | 0 comments

Is Separation Right For You?

We frequently talk to clients about whether they should file for a legal separation (separate maintenance) or a divorce.  The answer usually is in both the emotions and facts of the case. For example, emotionally the parties feel their may be a chance of reconciliation, a separation may be the best course of action.  And from a practical standpoint, a separation is good if both of the parties are on one of the spouse’s employer sponsored health insurance plans and they want to continue the coverage.  Below is a discussion of other...

read more

Pets and Divorce in Georgia

Posted by on Aug 28, 2015 in Divorce | 0 comments

Pets and Divorce in Georgia

Divorce can be a hugely stressful time, and sometimes pets can be a large source of added tension. While Georgia courts usually view your pets as property subject to equitable distribution, we understand that to many people, pets are a valuable member of your family. Pets are often treated like children and your kids may have formed significant attachments to them. No matter the case, you will certainly want what’s best for your pets in the event of a divorce. Over 63 percent of American households own pets and over half of marriages end in...

read more

What is a Standing Order in a Divorce Case?

Posted by on Aug 27, 2015 in Divorce, Family Law | 0 comments

What is a Standing Order in a Divorce Case?

When the process of a divorce is started, the court will generally issue certain orders that are to be obeyed while the divorce is happening, they are known as automatic domestic standing orders.  In Georgia, the standing order is put in place to protect both of the divorcing spouses from misconduct.  A violation of any of the standing orders can result in some jail time due to being in contempt of the court.  The standing orders vary from county to county, for example, in Fulton county the divorcing spouses are restricted from: Removing...

read more

Divorce Advice for Spouses of Professionals and Business Owners

Posted by on Jun 16, 2015 in Divorce | 0 comments

Divorce Advice for Spouses of Professionals and Business Owners

Valuation of the Business An important step in any divorce situation involving a practice or business that has significant value is to have it valuated by a business professional. In most cases the spouse with the practice / business will attempt to devaluate the businesses assets, clients, cash flow, goodwill, and potential for economic growth. It is important that you not settle for the estimated amounts provided by the other spouse and to insist an evaluation be performed on the business to determine an accurate reflection of the...

read more

What is a Motion to Dismiss?

Posted by on Jun 16, 2015 in Bankruptcy, Business, Divorce, Estates | Wills | Trusts | Probate, Family Law, Immigration, Sports & Entertainment | 0 comments

What is a Motion to Dismiss?

What is a Motion to Dismiss? A motion to dismiss is a form of legal pleading in response to the filing of a court case in which the defendant request that the court throw the case out of court. A plaintiff may also file a motion to dismiss a case if a settlement is reached or if it is recommended by counsel that the case be closed. If the defendant files the motion to dismiss it is generally assumed that the defendant denies any claims brought forth by the plaintiff. A Motion to Dismiss can be filed in almost any type of litigation or case...

read more

Can Child Support be Discharged in Bankruptcy?

Posted by on Apr 2, 2015 in Bankruptcy, Divorce, Family Law | 0 comments

Can Child Support be Discharged in Bankruptcy?

Say that after a divorce, the judge has ordered one of the spouses to pay child support to the other. It may be possible for the paying spouse to miss payments and end up having a lot of back child support. It may also be possible that the paying spouse has may file for bankruptcy. The immediate question upon learning their ex-spouse has filed bankruptcy will they still be receiving their child support as ordered in the divorce. It is important to note, this discussion also applies to parents of children that were never married – but...

read more

The Good, Bad and Ugly Parts of a Divorce

Posted by on Feb 13, 2015 in Divorce | 0 comments

The Good, Bad and Ugly Parts of a Divorce

When going through a divorce there is the good, the bad, and the ugly; it is important to know ahead of time what you are in for.  Sometimes the good greatly outweighs the bad instantly, but in most situations it may take some time to see these types of results — so be patient and keep an eye out. The following are the good, the bad, and the ugly about going through a divorce. The Good Parts of Divorce You will get a new start with a divorce and a chance to rediscover yourself at a new stage in your life. A fresh start will allow you to get...

read more

What is the Best Time for a Divorce?

Posted by on Feb 4, 2015 in Divorce | 0 comments

What is the Best Time for a Divorce?

When the Kids are Older Generally, kids will handle a divorce better if they can maturely handle it. Younger children typically will not handle the changes or relationship dynamics and the splitting of parents as well as older children. In addition if the children are younger it is more likely that parenting conflicts between the parents will be more prevalent and co-parenting will be more difficult. Younger children are less likely to want to transition during visitation and are more reliant on a steady care taker. As children mature they...

read more

Protecting Your Business in a Divorce

Posted by on Jan 14, 2015 in Business, Divorce | 0 comments

Protecting Your Business in a Divorce

Dividing a Business in a Georgia Divorce Equitable division does not mean an equal division.  In the case of divorce in Georgia your business and practice can be considered for equitable division between the spouses. Any type of business that is referred to a “closely held” such as a partnership, LLC, professional practice, and or corporation that’s shares are not publicly traded can be considered a marital asset during a divorce proceeding. Even if the business was initiated prior to the marriage the business can still be viewed as marital...

read more
bottom