202 Tribble Gap Road
Suite 200
Cumming, Georgia 30040

Division of Property

Divorces can be complicated and painful. One of the most difficult things about the end of a marriage is having to sort through the endless business, property, and financial details.

If you and your husband or wife are getting a divorce, things will go smoother if you consult an experienced divorce attorney who understands the legalities of Georgia’s division of marital property laws. Your divorce attorney’s evaluation should account for the family home, all joint marital possessions, any business you started together, your retirement savings and investments, and all debt incurred by both husband and wife.

It may seem like a daunting task to sort through your possessions to determine the "yours," "mine," and "ours," but an experienced GA property division attorney can fully explain the financial ramifications of any given property division arrangement, so you don't agree to anything blindly.

Financial Implications of a Divorce

Most states simply divide a couple’s joint possessions 50/50. In the State of Georgia, the courts allow the husband and wife to settle property division issues on their own. However, if you and your ex cannot agree on who gets the house, the car, and the dogs, the Georgia courts will decide these things by decree. To ensure your rights are protected, you should speak with a Cumming, GA marital assets attorney before signing anything official.

When the courts step in, your possessions are divided up and categorized as either marital or separate property. Marital property is everything you mutually acquired with your ex-husband or ex-wife, and it is the only kind of property your ex-spouse can access. Anything that was yours exclusively will stay yours.

The courts do their best to divide and distribute your assets fairly after assessing your situation. However, “fair” doesn’t always mean equal. The Forsyth County courts have enormous leeway when dividing personal belongings and debts. As experienced Georgia divorce attorneys, the lawyers at Miles Hansford & Tallant, LLC will protect your property and finances from separation to moving day.

Prenuptial Agreements and Post-nuptial Agreements in Cumming, GA

Division of property is one of the main reasons couples draw up and sign prenups and post-nups; if they have children from previous marriages, either document protects the children’s inheritance in the event their mother or father is divorced again.

A divorce doesn't have to be the end of the world. We're here to protect you through the process and ensure your joint marital property is distributed equitably. We've handled complex property division cases for many GA clients. Call us at (770) 781-4100 or access our simple contact form here to learn how we can help your case.