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BUSINESS VALUATIONS

In a divorce proceeding the value of a business is often at issue because the value of a business that was operated during the marriage may be subject to division by the court.  If a business has value (real or manufactured in someone’s imagination) the non-business running spouse may be awarded up to 50% of…

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Business Valuation and Division

In a divorce proceeding the value of a business is often at issue because the value of a business that was operated during the marriage may be subject to division by the court.  In simple terms, if a business has value (real or manufactured in someone’s imagination), the non-business running spouse may be awarded in…

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What is the Difference Between Marital Property and Non-Marital Property?

When a couple divorces, they must divide up any marital property. Georgia is an equitable distribution state, which means that marital property will be divided equally between the parties, unless the court finds that it would be unjust to make an equal distribution. Under Georgia law, marital property is any property that either spouse acquired…

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What Rights Does My Spouse Have to My Business if We Get Divorced?

Determining if a business is marital property, valuing the business, and deciding how to divide it in a divorce can be extremely complicated issues for which there is not always a clear-cut solution. Every divorce case is different, and every business is different. As a result, it is essential that your Atlanta divorce lawyer have…

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My Wife Cheated on Me. Does This Fact Affect Property Division in Our Divorce?

Under Georgia law, there are 13 different grounds for divorce. There is one no-fault ground for divorce, which is that the marriage is “irretrievably broken.” In order to qualify for the no-fault ground, neither party is required to prove any reason for the divorce, nor that one of the spouses committed some sort of wrongdoing.…

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What Will Happen to Our Rental Properties if We Divorce?

In a Georgia divorce, property division can be fairly simple, such as splitting furniture and other personal belongings. When real estate is involved, however, things can quickly become more complex. The situation may be even more complicated if the parties own rental properties that they acquired during their marriage. Some properties may contain equity, which…

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What Happens to Your 401(k) Plan During a Divorce?

In a Georgia divorce, all marital property must be divided equitably between the parties. Marital property is any property that was acquired by either party during the marriage, no matter in whose name it is titled. 401(k) plans and other retirement accounts, no matter which party owns them, can be subject to division by the…

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How is Property Divided in a Divorce in the State of Georgia?

Under Georgia divorce law, it is presumed that property should be divided equitably between the parties. Equitable division, however, does not mean the same thing as equal division or a 50-50 split. Rather, equitable means what the court considers to be fair and reasonable, depending on the circumstances If two spouses can agree on how…

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Working with an Ex-Spouse Following Your Divorce

When you and your spouse own and operate a business together, there are many business issues that you will need to sort out if you decide to get divorced, aside from the standard issues of child custody and visitation arrangements and who gets to keep the house. More specifically, you will have to determine whether…

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