When you go through with a divorce, one of the most difficult things is having to go through your possessions and divide them with your spouse. Georgia is an equitable distribution state, so there is no 50-50 requirement. While that’s good for some people, it is also more complicated than in a community property state.
Since the state is an equitable distribution state, it means that you will need to divide your property based on what you think is fair. If you and your spouse are still speaking with one another and can agree on how to divide your property, then this is extremely beneficial for your case. If not, then you will have more difficulties.
Here’s an example. You and your spouse agree that he should receive the house, but you want to obtain retirement benefits. The value of the house is much higher, so that gives you more negotiating power to seek other assets you’d like as well. By discussing which assets you individually purchased or brought into your home, you may be able to work together to divide what you have fairly.
If you can’t get along, then you may both need to take stock of your assets and present arguments to the court. The judge will listen to what you’d like from your marital assets. The judge will also listen to your spouse. Once they’ve heard both sides of the case, they will decide who should receive what out of those assets.
It’s usually better to resolve your property division case on your own instead of going before a judge to have them determine the outcome. That’s something you and your spouse may wish to work toward.
