Answer:

Oftentimes, during a divorce case, our clients will ask us about dividing up their property. In Georgia, for divorce cases, it’s an equitable division of all of your assets and all of your debts. Equitable does not mean equal. It just means fair. The court is going to look at your facts and circumstances to see what a fair distribution of your assets and debts would be. Oftentimes, that could mean a 50-50 equal split of all of your assets and all of your debts. If your facts and circumstances, however, are in a way that it may be more fair for one spouse to have 60% or 70% of the assets or 60% or 70% of the debts based on maybe their incomes, the court is going to look at those facts and circumstances to make sure that the split on both your assets and your debts are going to be fair. Any time you want to reach a settlement in your case, you can always look at either an equal distribution, if that’s what you believe is fair, or an unequal distribution. So long as we can certify to the court that the distribution that we’ve settled on is actually fair and the court will sign off as that being an equitable distribution of your assets and your debts. If you have any questions about how your assets and debts may be divided under this equitable distribution in Georgia, please give our office a call. We can walk you through all of your assets and debts to see what would be appropriate in your case.