Marital Property

Atlanta Property Division Lawyers

Experienced Property Division Attorneys in Atlanta GA and Surrounding Areas

The division of marital property in Atlanta is an area of divorce that can become a source of heated arguments, especially in cases of high-asset divorces or alternatively where there is substantial debt to be divided. Spouses may disagree over who brought what into a marriage or who is entitled to ownership of cars, money, property and other belongings.

Common myths surrounding the division of property in a divorce may suggest that one spouse is entitled to half of all property. In Georgia, however, this is not necessarily the case. Our experienced property division lawyers in Atlanta know what steps to take to help ensure that your property is distributed in a way that works for you during your divorce.


Defining Marital Property in Georgia

Just what exactly qualifies as marital property? The simple definition is anything with exchangeable value or anything that contributes to an individual’s wealth. That can include anything a spouse owns or that generates wealth – from cars and furniture to retirement plans and more. If you own a business, that too may be divided during your divorce.


How Marital Property is Divided in GA

One of the most enduring myths surrounding the marital property division during a divorce is that Georgia adheres to the 50/50 rule. This suggests that no matter what, a spouse is entitled to half of everything in a divorce. The 50/50 rule implies that both spouses equally contributed to the family’s wealth and should be granted the appropriate rights to property in a divorce. For better or worse, Georgia does not utilize the 50/50 rule, but rather has an “equitable distribution” standard. Equitable does not mean equal, but rather means ‘fair’. Of course, what is ‘fair’ is often the subject of substantial debate, which means that unless the parties settle beforehand a judge will review each case and divide property ‘fairly’. It may mean a 50/50 split, or it may mean one partner will get much more or much less than the other. Of course, for this reason as well as others, we highly recommend consulting with a knowledgeable Atlanta divorce attorney to make sure that you receive an ‘equitable’ distribution of your marital wealth.


Factors that can influence how a judge divides marital property include:

  • The separate assets and financial status of each party
  • The income and earning capacity of each party
  • The conduct of the parties towards each other during the marriage
  • The future needs of either party, including retirement planning
  • And More

The Atlanta property division attorneys at Kitchens New Cleghorn will help you understand the process of dividing marital property and create a plan for protecting your property and securing the assets you deserve.


Divorce and Debt: Property Division Lawyers in Atlanta

Like property assets, debt can be considered a shared responsibility during a divorce and may be subject to division between spouses during a divorce. Financial hardships have left many couples underwater on mortgages and behind on payments. In dividing debt, as with dividing assets, a court will again examine the details of your divorce case and try to divide debt ‘equitably’. Our lawyers will help you understand the role that debt will play in your divorce.

MEET SHAWNA M. WOODS : YOUR FAMILY LAW ATTORNEY

Shawna M. Woods is an Of-Counsel Attorney at Kitchens New Cleghorn. Prior to coming to Kitchens New Clegorn, Shawna was Partner at Law Firm in Forsyth County specializing exclusively in Family Law. She also had successful solo Family Law practice in Fulton County and had worked several years with the Special Assistant to the Attorney General for Child Support Enforcement.
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MEET JOHN DINATALE: YOUR FAMILY LAW ATTORNEY

John DiNatale leads Kitchens New Cleghorn, LLC’s Family Law Practice. John joined the firm in 2018, after operating a solo practice for several years in Atlanta. Born and raised in Marietta, Georgia, John worked as a literary agent in New York City after graduating from the University of Georgia and later, before law school, designed productions for a major Atlanta arts and culture center. His legal philosophy is simple: represent Kitchens New Cleghorn, LLC clients with loyalty, respect, and selfless service. Read More.


Jeff Cleghorn, Of Counsel

Jeffery M. Cleghorn is an Of-Counsel Attorney at Kitchens New Cleghorn. Read More.


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The information provided on this website is general and for information only and does not constitute legal advice for any particular situation of facts and circumstances. If you have need for legal advice, please consult with an attorney for your specific questions.

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