Divorce can be an extremely stressful time for all parties involved, especially if you are filing a contested divorce case. If you have significant net worth, income, assets or debts, this will usually further complicate your case and delay its resolution. In order to successfully mitigate such issues and best protect your rights it is necessary to hire a lawyer experienced in cases that involve complex issues.
Marital debts that accrued during the marriage and property and assets acquired in the marriage will be divided “equitably.” However, it is important to understand that equitably does not mean equal. Rather it means “fairly” given the source of the marital debts and assets, circumstances, the conduct of the parties and several other factors the court can consider under Georgia law.
Separate property is not included in this division. Separate property may include the following: property acquired prior to marriage, by inheritance or gift, after legal separation, or that is excluded by written agreement such as pre- or post-nuptial agreement.
If you did not sign a pre-nuptial or post-nuptial agreement, one of the best way to divide assets and debts is through mediation. If you and your spouse cannot agree, you will go to court and the Judge will decide what is equitable in your case.
It is not uncommon for parties to move or hide their assets prior to a hearing, or even prior to filing for divorce. Your attorney will conduct a period of discovery in order to gain information and build your case. It is even possible for the court to freeze assets if the other party can demonstrate to the court there is a significant danger assets will be wasted or disposed of before a divorce case can be finalized. It is crucial to be honest with your lawyer and give him/her all of the requested information. Hiring an experienced and effective attorney is the best way protect your rights and secure the best result possible.
If you are facing a complex divorce or a case involving significant asset issues, call us at 770-408-0477 to speak with one our experienced attorneys about how we can best help you.