Wednesday, September 5, 2012

"Equitable" Property or Debt Division Doesn't Always Mean "Equal"

In this blog about Georgia divorce, as Augusta, Georgia divorce lawyers, we often attempt to give you good, practical tips and information about divorce for you to discuss with your own divorce attorney.

For instance, today, I want to talk a little bit about equitable property or debt division in a divorce. In other words, you may have wondered whether or not a divorce judge will simply divide everything down the middle. The simple answer you might expect from a divorce depends!

In other words, in some cases, if one party's income is substantially higher than the other party's, then it might not be fair to split the marital debt evenly. Also, you would need to discuss with your own divorce attorney the potential impact of adultery, or another fault ground, on such issues as alimony and equitable property division. For instance, if your worthless spouse, "Sluggo," has been running around with Gladys, the new waitress down at the diner, then you and your divorce lawyer may essentially argue that Sluggo should end up with none of the assets and all of the debt!

So, you see, in a divorce, "equitable" does not always mean "equal." In some divorce cases, each party may ultimately receive about one-half of the assets, or one-half of the debts to pay. But because each divorce case is different, it is important for you to discuss with your divorce attorney all the facts, along with your all rights and options, in obtaining an equitable, or fair, resolution.

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