One of the most difficult factors of the divorce process is deciding how
marital property will be divided. The easiest way to handle property division
is for the couple to come to an agreement. Unfortunately, many couples
are unable to cordially decide on property matters, so they must turn
to the court system to obtain an order. In Georgia, a judge determines
property division based on a fair, equitable distribution standard rather
than merely dividing marital property into two equal halves. A former
NFL player and his wife must contemplate property division after announcing
A former Redskins tight end and his wife have recently filed for divorce
after four years of marriage. The couple was married in 2008, a year after
the former football player signed a reported $30 million agreement with
the Redskins. The couple's settlement agreement will likely include
how the couple has decided to divide the art gallery, which they opened together.
The first concern for many divorcing couples, including the former NFL
player and his wife, is who will get the house. If the couple has children,
courts tend to favor awarding the home to the parent with primary custody
of the children. In an equitable division state, such as Georgia, the
other parent may be awarded a higher amount of other marital assets as
a more equitable division. In some cases, divorcing couples may decide
to sell their house and divide the proceeds from the sale.
Another concern many divorcing couples may have is how property is divided.
It is important to note that not all property may be divided; the only
assets considered in property division are marital assets. Marital property
is generally considered to be property acquired during the marriage. Nonmarital
property includes property gained before the marriage, gifts or inheritances.
Dividing marital property may be emotionally and financially challenging
for divorcing couples. However, this may be an appropriate time to exercise
creativity in order to spend more time on focusing on essential issues
in a divorce, such as the couple's children.