Marital Property Attorney

Atlanta Marital Property Lawyers

Experienced Property Division Attorneys in Atlanta GA and Surrounding Areas

The division of marital property in Atlanta is an area of divorce that can become a source of heated arguments, especially in cases of high-asset divorces or alternatively where there is substantial debt to be divided. Spouses may disagree over who brought what into a marriage or who is entitled to ownership of cars, money, property and other belongings.

Common myths surrounding the division of property in a divorce may suggest that one spouse is entitled to half of all property. In Georgia, however, this is not necessarily the case. Our experienced property division lawyers in Atlanta know what steps to take to help ensure that your property is distributed in a way that works for you during your divorce.

Defining Marital Property in Fulton County

Just what exactly qualifies as marital property? The simple definition is anything with exchangeable value or anything that contributes to an individual’s wealth. That can include anything a spouse owns or that generates wealth – from cars and furniture to retirement plans and more. If you own a business, that too may be divided during your divorce.

How Marital Property is Divided in Atlanta

One of the most enduring myths surrounding the marital property division during a divorce is that Georgia adheres to the 50/50 rule. This suggests that no matter what, a spouse is entitled to half of everything in a divorce. The 50/50 rule implies that both spouses equally contributed to the family’s wealth and should be granted the appropriate rights to property in a divorce. For better or worse, Georgia does not utilize the 50/50 rule, but rather has an “equitable distribution” standard. Equitable does not mean equal, but rather means ‘fair’. Of course, what is ‘fair’ is often the subject of substantial debate, which means that unless the parties settle beforehand a judge will review each case and divide property ‘fairly’. It may mean a 50/50 split, or it may mean one partner will get much more or much less than the other. Of course, for this reason as well as others, we highly recommend consulting with a knowledgeable Atlanta divorce attorney to make sure that you receive an ‘equitable’ distribution of your marital wealth.

Factors that can influence how a judge divides marital property include:

  • The separate assets and financial status of each party
  • The income and earning capacity of each party
  • The conduct of the parties towards each other during the marriage
  • The future needs of either party, including retirement planning
  • And More

The Atlanta property division attorneys at Kitchens New Cleghorn will help you understand the process of dividing marital property and create a plan for protecting your property and securing the assets you deserve.

Divorce and Debt: Property Division Lawyers in Atlanta

Like property assets, debt can be considered a shared responsibility during a divorce and may be subject to division between spouses during a divorce. Financial hardships have left many couples underwater on mortgages and behind on payments. In dividing debt, as with dividing assets, a court will again examine the details of your divorce case and try to divide debt ‘equitably’. Our lawyers will help you understand the role that debt will play in your divorce.


John DiNatale is an attorney with the law firm of Kitchens New Cleghorn, LLC, in Atlanta, Georgia. John leads the firm’s Family Law Practice with expertise in Divorce, Custody Disputes, Modifications, Child Support, and Domestic Partnership Disputes Read More.

Meet Jeff Cleghorn: Your family Law Attorney

Jeffery M. Cleghorn is a Named Partner with the law firm of Kitchens New Cleghorn, LLC, in Atlanta, Georgia. Jeff manages the firm’s Family Law Practice with expertise in Divorce, Custody Disputes, Modifications, Child Support, and Domestic Partnership Disputes. Read More.


I’ve worked with Kitchens New Cleghorn on several legal matters. They are smart, thorough and such a pleasure to work with. They are my first recommendation to anyone seeking legal services.
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Contact us at 404-557-5670 today for a consultation. Our Flagship office is located in the heart of Buckhead at 2973 Hardman Court, Atlanta, GA 30305.


The information provided on this website is general and for information only and does not constitute legal advice for any particular situation of facts and circumstances. If you have need for legal advice, please consult with an attorney for your specific questions.

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