Property division

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“I have gone to trial over a bird (worth $300.00).  Obviously, it was not really about the bird.”


                                                                                                                      Tamela Adkins



Georgia law requires that assets of the marriage should be divided equitably.  To evaluate what an equitable division of your assets of the marriage, a judge or jury will determine the following questions:


A.  What are the “assets of the marriage”?

B.  What does "equitable division" (or fairness) mean in your particular case?


Usually, all assets that are acquired from the wedding date are considered assets of the marriage.  


This list includes:


  • Equity in real property (in Georgia, in the United States or overseas);
  • Retirement accounts in either spouse’s name;
  • Pensions;
  • Businesses started during the marriage;
  • Stocks, bonds & stock options;
  • Cash accounts or certificate of deposits;
  • Bit coin;
  • Royalties;
  • Drilling or air rights;
  • 529 or educational accounts for your children;
  • Personal property (cars, furniture, art, gun collections, etc.)


You or your spouse may have the following assets that could be deemed "separate property" and not eligible for equitable division in a divorce:


  • Inherited before or during the marriage;
  • Gifted to one party during the marriage;
  • Owned prior to the date of marriage;
  • Family owned businesses.


Cases that involve indentifying property to classify the property either marital or separate (non-marital) are complex and require an attorney that understands the complicated laws that are applicable in this area.  Often, a claim of separate property can be fought once the asset is traced from its origin through the date of divorce. Tamela Adkins works with the best forensic accountants, business evaluators, and experts to initially define each asset, (as separate or marital) to accurately value the asset, and then to protect what is rightfully yours.

 

Frequently asked questions

Q: What if my spouse receives cash from a business?

A: There are ways to prove the existence (and amount) of cash businesses (such as convenient stores or restaurants).  Life styles, assets acquired, and business operations are just a few of the factors Tamela Adkins will examine in your case.  She works with forensic accountants to find the "stash of cash".  


Q: What if my spouse hides money through his business?

A: The most common situation of this happening is when a business owner takes deductions that are not legit or valid.  Tamela Adkins has handled hundreds of cases from couples with a small (mom & pop) business to families owning multimillion dollar businesses.  If money is disappearing from the business, she may ask for a receiver to be appointed by the court to determine the real amount of incoming revenue.  


Q: What if my spouse has accounts I don’t know about?

A: We are diligent in the discovery phase of your divorce to uncover hidden assets or accounts.  We will serve subpoenas to obtain copies of your spouse’s accounts to financial institutions and employers. Finding unknown accounts is a challenge that Tamela Adkins will gladly accept.