Separation of Marital Property
Fairly dividing assets that you and your spouse have accumulated during your marriage can be complex in a divorce, especially if you had a significant number of your own assets prior to getting married that may have increased in value during the marriage. It is important that you select an attorney who has current knowledge of the laws in Georgia and can guide you whether you are entitled to a division of certain marital property. You do not want to mistakenly surrender separate non-marital property or take responsibility for a debt that is not yours. Issues regarding the division of marital property often arise when one spouse owns a business that the other spouse may have helped build during the course of the parties’ marriage. For example, a married couple may have started the business at a time when they did not own any significant assets. The wife could have been employed for a modest salary in order to support the family while the husband started a new business venture. The wife could have also helped the husband with business planning, sales, and administrative work in the beginning stages of the business. After the husband’s business became profitable, the wife could have stopped working and raised the couple’s children. If the business has significant value at the time of the couple’s divorce, the question in such a situation would be to what percentage of the business should the wife be entitled? That is just one example of the complexity of separating marital assets. Most couples own a house, two cars, a bank account, and two retirement accounts. While the division of property may seem simple for couples with little assets, complications may arise. For example, the fact that both parties wish to remain in a marital home that has been devalued during the real estate crash but may increase in value in the following years may cause problems with finalizing the divorce. In short, dividing property in a divorce requires the expertise of experienced attorneys who will anticipate as many issues as possible when drafting a settlement agreement. If you have any questions about how property should be divided as part of your divorce, please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 for a free consultation with an attorney.