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Tips to help you during property division

There are many uncertainties that come with a divorce. Some are able to be worked through from the start but being prepared to handle uncommon things can help you to feel less stress and to work through matters from a practical standpoint.

One of the most important things for you to remember throughout this process is that you can't use the divorce as a way to get back at your ex. Being vindictive could cost you more than you realize. Instead, take the better option and do what is best for your needs. Your goal shouldn't be to "stick it to your ex"; it should be to start off your new life on the best footing possible.

Know what assets are divisible

The assets that are divisible in a marriage can vary in Georgia. The typical guide is that if it was obtained during the marriage, it is divisible. The catch here is that even assets that were obtained prior to the marriage are divisible if they were commingled with marital assets. For example, if you had a rental home going into the marriage, it can be divisible if money that you earned during the marriage was used to maintain that home. The division of property also includes the marital debts.

Find out the value

Some people falsely believe that the value of an asset is what it is worth today. In the case of retirement assets, the statement will show what it is worth today, but some work will have to be done to come up with the value. It might be necessary to hire a forensic accountant or valuation expert to find out the actual value of assets. Knowing the value can help to ensure the property division is equitable.

Changes you can make

When you divorce, the court usually issues a financial restraining order, which means that you can't do anything with joint accounts. You can't make large purchases or dispose of assets unless you have an agreement with your ex or an order from the court.

If you have individual accounts, such as a bank account in your name only, you can change the beneficiary designation so that it doesn't go to your ex if something happens. The same is true of life insurance policies on which you pay the premiums.

Talk to your attorney

You should speak freely with your attorney. If you aren't sure of how to handle something, ask for guidance. There are many decisions that you might not think much about until you are in the midst of a divorce. It is always best to ask about matters before you make a decision that you will pay dearly for later.

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G. Morris Carr, LLC
544 Mulberry Street
Suite 902A
Macon, GA 31201

Phone: 478-787-6415
Phone: 478-743-4771
Fax: 478-743-4772
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