Division of Property and Debts

Division of Property and DebtsDivision of Property and Debts – if you are considering a uncontested divorce, you may be wondering what property and debts you or your spouse may retain from the marriage.

In a Georgia divorce, marital property, assets and debts are separated between the spouses fairly, and is called the equitable division of property and debts. Regardless of the process you choose for your divorce Uncontested, Mediation, Collaboration, or Litigation, you must equitably divide the property and debts of your marriage.

During the equitable division of property and debts, all real and personal property, assets and debts acquired by you and your spouse during your marriage are divided fairly. If a spouse brings property, assets and debts to the marriage these may be considered a non-marital asset and it is not subject to equitable division, since it was not created by the marriage.  However, property does not become a marital assets simply because one spouse obtains it during the marriage. The rules of what property is marital and which are separate are complex so if you have questions about what property is divided in a divorce, you should consult with an attorney before you sign your settlement agreement.

What Is Involved In Property Division?

An uncontested divorce lawyer can be an important partner in helping you identify marital and non-marital property, assets, and debt issues that are specific and unique to your situation. Consideration should be given to real estate, personal property, the marital home, investments, retirement plans, stock options and all debt regardless of whose name it is titled under. An uncontested divorce attorney can provide knowledgeable guidance throughout the steps of:

  • Identifying marital and non-marital assets and debt
  • Valuing assets and debt
  • Dividing assets and debt

For some additional information please see the attorney blog archives:

  1. Equitable Division of Assets
  2. Settlement Agreements
  3. Property Settlements

Additionally, an uncontested divorce attorney can assist you in working out a new family budget that allows each to have an independent household. Issues involving the children, such as child custody and support should also be considered and ideas for handling those matters explored.

Contact the Remboldt Law Firm to schedule your free telephone consultation with CJ call 404-348-4081.

If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed.    In the mean time, you may find the Georgia Child Support Worksheet helpful.  Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.