Factors a Judge Considers While Determining Property Division

Divorcing your spouse encompasses more than the termination of a marriage.Divorce must address property division, child support, alimony, child custody/visitation, and more. While determining property division, the judge will consider different factors to provide a fair ruling. Allow us to explain:

Equitable Division of Property in Georgia

In Georgia, judges strive to provide a fair division of property, but fair does not mean equal. The judge will approach the property division decision by considering many factors, such as:

  • Both parties’ acquired debt – separately and together.
  • Both parties’ behavior toward each other during the marriage.
  • Both parties’ conduct that contributed to waste of assets.
  • Both parties’ future needs as it relates to property.
  • Both parties’ income and earning potential.
  • Both parties’ individual assets and financial position.

Your divorce attorney can make a case for the property that you desire. The judge will hear both parties’ sides and do his best to divide the property in a way that leaves both people complete after the divorce.

Alternative Dispute Resolutions & Property Division

Alternative dispute resolutions (ADR)are solution-seeking avenues that occur shy of the courtroom. Examples of ADR include mediation, arbitration, judicially hosted settlement conference, and late-case evaluation. ADR can place more control in the parties’ hands instead of being at the mercy of the judge’s decision. If the case allows for it, we will pursue the most optimal property division via ADR:

Mediation – Both parties have their own room with their lawyer to discuss what to offer the opposite party. A mediator goes back and forth between two rooms to relay what the opposite party is offering in an effort to find a solution without going to the courtroom. This type of ADR is not binding.

Arbitration – In a private setting, the lawyers and parties present their case to a judge and a verdict is decided. This type of ADR is binding.

Late Case Evaluation – This form of ADR is much like mediation; however, the mediator is a judge or another lawyer who has extensive experience in family law. He or she will give both parties feedback on what the outcome of the case will likely be.

Judicially hosted settlement conference – Conducted through the court, a judicially hosted settlement conference is much like a late case evaluation with few key differences. First, the “mediator” will likely be a senior judge who can provide invaluable feedback about the case. Second, these conferences are normally pursued if both parties cannot reach an agreement.

However, if an agreement cannot be reached through ADR, our family law attorneys will zealously represent you in court (litigation).

Partner with EMC Family Law for your property division needs.

To obtain the best possible result, it’s important to partner with a divorce lawyer who understands your case and fights for you. If you need premier representation, don’t hesitate to partner with EMC Family Law. Call us today: 770-225-7000