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Dividing a home, retirement savings or a business you built together can feel like dividing your future. Our Savannah property division attorneys at Modern Family Law help you identify, value and divide property and debt in a Georgia divorce. We explain how marital property is divided before you sign anything, and your first consultation is free.
Georgia divides property by equitable division. The goal is a fair result, which is not always an equal split.
Savannah divorces often involve a home, military or civilian retirement, a second property or a small business. We help you see the whole picture before you negotiate.
Schedule a Free ConsultationThe court sorts each asset and debt, values it and then divides it.
Marital property generally includes earnings, homes, vehicles, retirement contributions and debts acquired during the marriage, regardless of whose name is on them.
What you owned before the marriage, and gifts or inheritances you received during it, are usually separate. Growth caused by marital money or effort may still be divided.
A judge, or a jury if either spouse asks, decides what's fair. Many couples settle, often in Chatham County's required mediation.
Property is divided as part of your divorce or separate maintenance case in Chatham County Superior Court at 133 Montgomery Street, or in Bryan or Effingham County if your spouse lives there. Spouses can also divide property themselves in a settlement agreement the court approves.
Both spouses share financial information early. Selling or moving major assets while the case is open can create problems, so talk with your attorney first.
Some assets need extra care to divide fairly.
The part of military retired pay and Thrift Savings Plan savings earned during the marriage can be divided. Federal law controls how military retired pay is paid to a former spouse, so the order has to be written carefully.
Employer pensions and 401(k) plans can usually be divided with a qualified domestic relations order (QDRO). A family business may need a professional valuation before it can be divided fairly.
You can sell a home and split the proceeds, or one spouse can keep it and buy out the other. Island or rental property may need a separate appraisal. Debts from the marriage are divided too, but lenders can still collect from anyone on the account.
Our Savannah property division attorneys will help you understand your finances and plan your next steps. Request your free consultation today.
At Modern Family Law, we help you understand your finances before you make decisions you can't undo, and we bring in appraisers and financial experts when needed.
Frequently asked questions
The part saved during the marriage can be divided. The court order has to follow the Thrift Savings Plan's own rules.
The portion earned during the marriage can be divided. Federal law controls how it's paid to a former spouse.
If it was bought during the marriage, it's usually marital property. It may need its own appraisal before it's sold, kept or offset with other assets.
Yes. Either spouse can ask for a jury to decide property division.
There's no automatic rule. The home may be sold, or one spouse may keep it and buy out the other.
Yes. Many Savannah couples settle property division, often during Chatham County's required mediation for contested cases.
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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