Don’t Let Anyone Take Advantage Of You In Property Division Matters
Your family’s income once supported one household. Now it must support two. For this and other reasons, financial issues are one of the biggest sources of anxiety in divorce. In addition, dividing the assets and debts you have accumulated over the course of your marriage can be a daunting task.
With a skilled attorney on your side, you can be confident that you will be treated fairly under the law. For more than 30 years, Lise S. Kaplan, LLC, in Macon has helped men and women across Middle Georgia navigate the complexities of divorce. Attorney Lise S. Kaplan will address every aspect of your case, making sure your assets are divided fairly.
Vigorously Advocating For You
In Georgia, marital property is to be divided equitably. When making decisions about dividing property, a judge or a jury can look at each spouse’s income and earning capacity, the length of the marriage, each spouses conduct and many other factors. There is no requirement that assets be divided equally; they are only required to be equitably divided.
When determining an equitable division of property in a divorce, it must first be determined what is marital property and what is separate or nonmarital property. Under the law, marital property is property acquired during the marriage. Property owned before marriage, as well as inheritances and gifts from someone other than your spouse are not marital property. With this said, if nonmarital property was converted to marital property, it is subject to division in divorce. Agreeing on the value of marital property can be straightforward or complex, depending on the nature of the assets and the complexity of the situation.
Because judges and juries have so much discretion in dividing marital property, it is usually wise for divorcing spouses to resolve their differences through negotiation. When a case cannot be resolved without litigation, our attorneys will vigorously advocate for your rights in court.
Frequently Asked Questions About Property Division
It is important to have your assets divided fairly in a divorce. That is why Lise S. Kaplan, LLC, is here to help. Attorney Lise S. Kaplan can answer any questions you may have. Here is a collection of frequently asked questions:
Can a prenuptial agreement affect property division?
A prenuptial agreement is a document that is made prior to a marriage. This document can outline the division of marital assets if a marriage ends. For example, couples can protect certain assets from division, such as business investments or debts. A prenup can also be used to identify nonmarital assets. Essentially, a prenuptial agreement can predetermine the division of assets instead of following Georgia’s equitable division laws.
What happens if my spouse and I cannot agree on how to divide our property?
You have the chance to decide how your marital assets are divided in a divorce. Being able to agree to the division of marital assets can save you time and money. However, if you and your spouse cannot agree on the division of property, then a court may decide for you. A court may review all marital assets and debts and decide what is a fair division between you and your spouse.
How does the length of the marriage impact property division?
The court may consider a few factors before deciding on a fair distribution of marital assets. One factor is the length of a marriage. Longer marriages may lead to a longer examination of assets because of the likelihood of a couple having a large estate. The division of assets may be closer to 50/50 after all factors are considered.
How long does the property division process typically take in a divorce?
The asset division process can take anywhere from a few months to a few years depending on a few factors, such as the size of the marital estate and the willingness of both parties to cooperate. Prenuptial and postnuptial agreements can shorten the process considerably, while complex assets and uncooperative parties can lengthen it. An attorney can help couples take steps to speed up the asset division process through careful discovery and professional evaluations.
Call Now For Valuable Legal Advice
Property division is one of the many subjects that must be addressed in divorce matters. With more than 30 years of experience, Lise S. Kaplan, LLC, in Macon, Georgia, has the skills to help. Our attorneys are ready to discuss property division and other issues in your divorce. Call 478-207-5124 or email us to get started.