When you make the commitment to marry your spouse, you intend to have a loving and lasting relationship with them. Unfortunately, over time there can be a breakdown in communications or problems that develop in your marriage. When this happens, you or your spouse may act out or exhibit negative behaviors that cause the rift that leads you to divorce. If you are preparing to file yourself, it is important to understand how this conduct affects the equitable division of assets in your case. The Marietta divorce attorneys at Daniele Johnson & Associates will utilize their comprehensive knowledge of the law to help you through your divorce.
Marietta Divorce Attorneys: Equitable Division in Georgia Divorce
According to Marietta divorce attorneys, Georgia is an equitable division state. This means that the judge in your divorce trial can divide assets in a way that they deem to be fair, however fair does not always mean equal. And while many judges will try to make the split as close to 50/50 as possible, there are certain factors that will sway them to award more to one spouse over the other, especially if one of you has engaged in undesirable conduct and deemed to be at fault for the divorce.
Georgia is an At Fault State
Since Georgia is an At Fault state, you must choose a reason for your divorce when you file the papers with your Marietta divorce attorney. When you choose a reason that is based on harmful or obstructive behavior that you have experienced with your spouse, you must prove to the judge that they are at fault. Your Marietta divorce attorney will use this evidence to advocate for your case and persuade the judge to award compensation and assets in your favor.
Negative Behaviors That Affect Equitable Division in Divorce
These are the most common forms of conduct that affect equitable divorce as reported by Marietta divorce attorneys.
- Adultery. When your spouse commits adultery during your marriage, collect any forms of evidence you have including letters, text messages, photos and so on. If your cheating spouse gave money to the person they were adulterous with, your judge will increase the percentage of assets and alimony you receive in your settlement. However, if you were the cheating spouse in your marriage, you will not be awarded alimony and will get a lower percentage of assets in the division.
- Habitual intoxication or drug addiction. If your spouse suffers from alcohol or substance abuse, you are more in control of the asset division in your case, especially if your spouse used joint savings to fund their addiction during your marriage. In this situation, it is likely your spouse will not contest the divorce settlement to protect their reputation and prevent their issues from being exposed to the public.
- Domestic violence. Should your spouse commit acts of intimidation, threats or violence, seek the assistance of law enforcement immediately. Doing this will not only protect you from harm but also establish a record of proof that can be used in your divorce filing. You will also want to work with your Marietta divorce attorney to get a restraining order against your spouse. Having these records will help to ensure your safety and affirm your case to entitle to you to a larger division of assets in your settlement.
Our Marietta Divorce Attorneys Will Help You Through Your Divorce
The Marietta divorce attorneys at Daniele Johnson & Associates understand that divorce can be an extremely tough and turbulent transition, especially when it is the result of negative conduct. They will work with you to identify the issues surrounding your case and create a strategic plan to make the process as easy as they can for you. Contact them today to schedule a consultation.
With the help of Daniele Johnson & Associates, you can begin living the life you deserve.