Property Division Lawyer in Atlanta
Is Georgia a Community or Equitable Property State?
Georgia is an "equitable division" state (not a "community property" state). This means that marital property in Georgia is divided based upon fairness (which may or may not mean the property is divided 50/50). The parties' debts and liabilities are also equitably divided. Dividing the accumulated assets and debts of a marriage is often one of the most difficult aspects of divorce. Retaining individual belongings and achieving a satisfactory property settlement in the final divorce decree are paramount goals, especially for high net worth individuals. Sadly, it doesn't always turn out that way.
In Georgia, marital property is to be divided fairly, courts generally consider the following when determining what is fair property division:
-
Each spouse’s contribution toward the acquisition and maintenance of the property
-
The intent of each spouse regarding the ownership of the property
-
The length of the couple’s marriage
-
The service contributed by each spouse to the family unit
-
The finances and separate assets of each spouse
-
The earning potential of each spouse
-
How the spouses treated each other while they were married
-
Any wrongful conduct that wasted assets
-
The future needs of each spouse
-
The debt each spouse has incurred
We encourage you to reach out to our firm at (770) 766-8148 today to have your case reviewed.
How Is Marital & Separate Property Divided in GA?
Before property can be divided in Georgia, marital property and separate property must first be established. Separate property includes any assets that were acquired before the marriage or were received as a gift/inheritance. Marital property includes any assets that were acquired during the marriage and is subject to equitable division.
Where income and assets are high, or if a business is involved, it may be extremely challenging to determine the true value of marital and individual assets and liabilities. Tax considerations increase the complexity of the task even further. It is imperative to employ high-quality business and asset valuations from experienced professionals in order to get a fair return on your financial and non-financial investment in the marriage. An Atlanta property division lawyer at Warner Bates can help.
The firm also has strong relationships with:
- Top financial experts
- Certified public accountants
- Various other professionals
These professionals can provide specialized valuation and tax analysis when appropriate. We listen attentively to our clients, learning what's most important to them in any potential property settlement and helping them get the results they want. Our attorneys know what questions to ask and how to untangle the complex web of joint finances.
Further Reading
Call an Atlanta property division lawyer at (770) 766-8148 for a consultation!

Meet Our Attorneys
Nearly 300 Years of Combined Experience Advocating for Your Family
Testimonials
See How We've Helped Others Through Similar Situations-
“I have the highest regard for Ned Bates and associates.I was treated fairly,with respect and concern, and with I feel the best attorney I have ever worked with. I highly rate Ned Bates...5 stars isn't ...”
- Stephen D. -
“From start to finish my experience with Warner Bates was extraordinary. The whole team worked seamlessly together so I was never lost between paralegal, and attorneys. They communicated all relevant ...”
- Rebecca C. -
“I am so appreciative to Jim McGinnis for his expert handling of my divorce. During this trying and difficult time, Jim was supportive, encouraging, optimistic yet realistic, calming, intuitive, and ...”
- Joanna V.