There are states across the U.S. that require spouses to divide the value of their marital estate 50-50. This approach attempts to prevent unjust outcomes in the process. Yet, this inflexible approach doesn’t account for the fact that the value of many marital assets shouldn’t be divided 50-50 if each spouse is going to be awarded their “fair” share of their marital estate.
In Georgia, the state’s equitable distribution approach allows spouses to divide their marital estate in ways that don’t necessarily align with a 50-50 split in the estate’s value. This approach allows for special circumstances and context to be taken into account when considering how marital assets should be divided.
Taking control of your process
In Georgia, couples can either ask the court to finalize an asset division plan that they’ve constructed or they can ask the court to settle their differences. If you can reach a mutually-agreeable solution with your spouse, you won’t risk an unfavorable judgment.
Yet, if seeking a mutually-agreeable resolution to your divorce isn’t possible or advisable, make sure that you can clearly explain why your asset division proposal uniquely meets the state’s equitable distribution standard.
By understanding the ways in which you’re empowered to divide your marital assets, you’ll be more likely to secure a truly fair divorce settlement. With that said, there is no reason why you have to approach either an amicable or contentious divorce process alone.
By seeking experienced legal guidance, you can benefit from greater protection of your interests, insight into your options and assistance with filling out seemingly endless, complex divorce forms required by the state of Georgia.