Who gets what in the divorce is always the first question any client asks. Divorce property division is one of the most acrimonious aspects of divorce law. Myths about property division that have been perpetuated both on television and movies makes it difficult discussing this aspect of divorce. The division of property after divorce is dependent upon the type of state you live in. In short, Georgia is an “equitable distribution” state based off of common law, and unlike “community property states” where the partner is automatically awarded half of everything you obtained together during the marriage, in an equitable distribution state there are many different tests the courts put to assets to determine who is entitled to what. The goal is not an even split, but a fair split. Division of property in divorce in Georgia is handled in such a manner as to be fair to both the individuals in the marriage and the marriage itself.
The goal of every property division in divorce is to produce a fair outcome. For example, if you own a house and your name is on the deed, the court considers you the owner, but your spouse may be able to claim a portion of that residence regardless of whether or not their name is on the deed. A variety of different factors are considered during the division of property in divorce in an equitable distribution state like Georgia.