One of the most important considerations for a divorcing couple to keep in mind is the allocation of their shared assets. Fulton County courts must make an equitable distribution of a couple’s marital property during the dissolution of their marriage. This includes any assets that a couple gains while married as well as any property or businesses that the parties jointly controlled during their marriage.
While divorce courts are required to make equitable distribution, a judge’s decision is not always necessarily 50/50. A Fulton County high-asset divorce lawyer can help you defend your property rights against your former spouse. Our dedicated legal team can assist you with filing formal complaints or responses thereto, performing extensive discovery work, and making powerful arguments during divorce trials.
Marital assets are any property, real estate, stake in a business, or bank account that the couple acquired after marriage. While personal property is typically exempt from this categorization, a judge may rule it to be marital assets if both parties utilized and controlled it during the marriage.
When a divorcing couple does not have some form of marriage agreement such as a prenup or postnup, their entire set of assets is subject to distribution. This means that a court may order the sale of a home, the liquidation of a business, or even the sale of personal property in order to leave both parties on an equal footing going forward. A Fulton County high value dissolution attorney can help protect a spouse’s personal property.
A high-asset divorce tends to be a long and complicated process. Because both parties believe that they have a right to their shared assets, it is essential to outline either party’s property rights and discover the full value of their marriage.
The first step to dissolving a marriage is to file a formal complaint which includes a valid legal grounds for divorce under Official Code of Georgia Annotated §19-5-3. While blaming one party for a divorce is never a guarantee of a successful asset distribution plan, it can serve as evidence for why they should not retain control over a particular piece of property.
The next stage could involve attending pretrial sessions where the parties can swap evidence, argue key points of law, and even participate in mediation sessions to settle the case.
When mediation or settlements fail, the case can go to trial. Here, a judge or a jury would evaluate the entirety of the marital estate, hear each party’s role in accumulating those assets, and make an equitable distribution. A high-asset divorce lawyer in Fulton County can help guide individuals through every step of the process.
Key questions to consider during a high-asset divorce include who will retain the family home, who will keep control over a business, and even whether one spouse will pay alimony to the other. Distribution of assets can have a permanent effect on your future.
Working with a Fulton County high-asset divorce lawyer can provide essential guidance and legal aid. They can take the necessary steps to discover all the assets of the marriage and make solid claims of ownership on your behalf. Reach out to our intake team today to schedule a consultation.