You’re getting divorced, which can be a traumatic and overwhelming experience. There are so many things to be concerned about. Beyond child custody disputes, how property will be divided is a significant source of stress for many people.

What will still belong to you when the divorce is final? If you don’t have a great lawyer, you might lose everything.

Our Atlanta property division lawyer handles divorces all the time. They understand the uncertainty of dividing marital and separate property and debts during a divorce and will be a fierce advocate during your divorce and fight for your property rights.

Why You Need a Lawyer in a Property Division Divorce Case

Do all marital assets get divided 50/50 during a Georgia divorce? NO!. Georgia has an equitable distribution method for dividing property. “Equitable” is supposed to be fair. But it doesn’t always mean equal.

Sometimes, equitably dividing property will lead to a 50/50 split. But not always. Some factors during the divorce may lead to one spouse getting more assets and property than the other.

These are some factors the judge will consider when dividing property equitably:

  • The length of the marriage
  • The health and age of both parties
  • Each spouse’s income and job
  • Liabilities and debts
  • Each person’s job skills and ability to hold a job
  • Whether each party was previously married
  • Whether one party wasted marital assets on a non-marital purpose, like an affair.

Differences Between Separate and Marital Property

Also, you need an Atlanta property division lawyer to determine what is separate and marital property. Your attorney will help you complete an inventory of all assets and property both spouses own. Then, the assets are classified as separate or marital property.

Under Georgia law, separate property usually means the assets you owned before marriage. However, sometimes assets can be classified as separate property, even if you acquired them during the union.

For example, if you inherit property during the marriage, it may be considered separate property.

Most assets you acquired during the marriage will be classified as marital property. That’s why having a skilled attorney classify spouses’ property during a divorce is vital.

Marital property includes:

  • The home you shared during the union
  • Cars, real estate, stocks, and bonds acquired during the marriage
  • Gifts from one partner to the other acquired with marital funds
  • Retirement plans, such as pensions, 401ks, and IRAs—These retirement assets are challenging to divide. So, the court may issue a qualified domestic relations order, which separates the retirement accounts into two—one for each spouse.

An experienced Atlanta property division lawyer from our family law firm will fight to ensure the marital property is divided equally as possible.

Dividing Marital Property in Georgia

The court will decide which assets were acquired in the marriage. Having a good lawyer fighting for you on dividing marital property is critical! Rules or formulas do not bind the court. The family court judge will divide marital property however they think is fair.

When dividing property equitably, the court will consider these factors:

  • Was someone at fault for the divorce? – If one spouse caused the divorce, the other spouse might get more marital property. For example, if your lawyer proves the other spouse committed adultery, the court may award you more of the estate.
  • How much does each spouse earn? – The court also will consider how much you make and your future earning capacity. For example, you might receive more of the estate if your economic prospects are lower.
  • Who has child custody? – You’ll probably get more of the marital estate if you have full custody.

What about marital debt? You might think the spouse who took on the debt must pay for it after the divorce. Not necessarily. Georgia has an equitable distribution standard. So, the judge may say it’s more equitable for the spouses to split the debt 50/50.

Factors that will be considered when deciding if the debt should be shouldered equally are:

  • When the debt was taken out
  • How much and type of debt
  • Did the debt benefit both spouses

Aren’t sure you’ll be responsible for the marital debt after the divorce? Then, speak to an Atlanta property division lawyer right away. If you don’t have a good lawyer, you might get saddled with unnecessary debt after the divorce.

Contact Us to Speak With an Atlanta Property Division Lawyer

If you’re dealing with divorce, it’s a traumatic and stressful time. But our Atlanta property division lawyers will work hard to deliver a favorable outcome.

Please contact us to review your property division case. You can also fill out our contact form, and we’ll get back to you immediately.


cutting through confusion and providing clarity

Do I need a Family Lawyer?

Each case is different, but we can share what clients typically struggle with when they make their initial calls to us:

  • My Spouse Wants a Divorce
  • My Marriage Has Fallen Apart And Cannot Be Fixed
  • I Am Expecting a Child Out Of Wedlock
  • I Have Fallen Behind on Child Support Due to Unemployment or salary reduction
  • My Circumstances Have Changed Drastically And Think A Change Of Custody Is Warranted
  • My Ex Announced They Want to Move Away and Take Our Child

How much will my Divorce or Child Custody matter cost me?

The financial aspect of family law matters can be terrifying because it has been known as a black hole of billing with retainers and hourly charges for things like emails and texts. Peel back further uncertainty by Estimating Your Legal Fees.

Flat Fees - No Funny Stuff

While other firms might tell you “there is no way to predict the total cost of a divorce,” we can tell you with certainty that those smoke and mirrors will not be a part of your care at Edwards Family Law. We provide value with a high degree of peace of mind through conscientious costs for our care. Learn more about our Flat Fee Family Law Services.

Fearful of being bogged down in legal fees?

Heard the horror stories about being sucked in with low retainers only to be hit with hidden incremental hourly changes?

We Have The Right Solutions For The Next Chapter of Your Life


At Edwards Family Law, we understand that your life, family, livelihood, and legacy are important to you. They are important to us as well. We are committed to doing everything possible to ensure your identity is respected and that your dignity is preserved throughout the process.

The law prohibits us from guaranteeing the outcome of your case. But, it does not prohibit us from guaranteeing the service you receive. We promise to provide you with the best in customer service and client relations. We have codified our commitment in our Ten Commandments. If we fail to deliver on any of our Ten Commandments at any time during your case, please let us know. We will apologize for our mistake and do what is necessary to fix the problem.

What You Can Expect From Your Experience With Edwards Family Law

  • 1
    Clients are not an interruption of our work. They are the purpose of it.
  • 2
    Clients will not be charged for calls to their attorney.
  • 3
    Each client shall receive aggressive representation combined with incomparable guidance and counsel.
  • 4
    Our clients will receive the most courteous and attentive treatment we can give them.
  • 5
    Each client will have their telephone call returned within one business day.
  • 6
    All of our attorneys shall practice exclusively family law and domestic relations.
  • 7
    Our clients are not just a name on a file. We will present each client with an honest assessment of all options to provide them with the best chance of success.
  • 8
    Our firm will attend all conferences and Continuing Learning Education Seminars related to the practice of Family Law to ensure that we have access to the most current case law that can affect your and your family's lives.
  • 9
    Our firm will employ the latest technology for use in your case, including a secure server where the client's entire paper file is scanned and posted to the server for immediate retrieval by the client.
  • 10
    Clients are people who bring us their wants. It is our job to meet those wants.

Frequently Asked Questions

Is Georgia a community property state?

No. In Georgia, property acquired during the marriage isn’t split 50/50 during a divorce. Instead, Georgia has an equitable distribution method for dividing property. “Equitable” is supposed to be fair. But it doesn’t always mean equal.

Who gets the house during the divorce?

The home is marital property. So, it will be divided based on the equitable division principle. If you have children, the court can award the marital home to the one who lives with them the most.

Do I have to go to court to divide property?

Not necessarily. Spouses can avoid expensive, stressful legal battles by negotiating the division outside of court. Your lawyer can help divide marital property equally outside a courtroom, which saves you stress and money.


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