Chisolm Trimble & Associates, LLC

When a Georgia marriage ends in divorce, the couple's assets and debts do not automatically get split 50/50. Instead, Georgia follows the principle of equitable distribution. Here is what that means for you. Equitable Does Not Mean Equal Equitable distribution means that marital property is divided fairly but not necessarily equally. A 60/40 split, or even a more unequal division, may be considered equitable depending on the circumstances of the marriage. What Is Marital Property? Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name they are in. This includes the family home, retirement accounts, vehicles, bank accounts, and business interests built during the marriage. What Is Separate Property? Separate property includes assets owned by one spouse before the marriage, as well as inheritances and gifts received by one spouse during the marriage. Separate property is generally not subject to division but it can become marital property (or 'commingled') if it is mixed with marital assets. Factors That Influence Division Georgia courts consider factors like the length of the marriage, each spouse's financial situation and earning capacity, contributions to the marital estate (including non-financial contributions like homemaking), and any misconduct that caused the marriage to break down.

In today's connected world, social media activity is increasingly used as evidence in divorce and custody cases. Here is what you need to know about protecting yourself online. Courts Are Paying Attention Judges and opposing attorneys routinely review social media during divorce and custody proceedings. Seemingly innocent posts — photos from a vacation, a comment about your income, or a status update about your living situation — can all become evidence. Common Ways Social Media Hurts Cases Posts that contradict financial disclosures (such as posting about a luxury purchase while claiming hardship), photos involving alcohol or inappropriate behavior, negative posts about the other parent, and location check-ins can all be used against you. Best Practices During Divorce or Custody Proceedings The safest strategy is to stay off social media entirely during proceedings. If that is not realistic, avoid posting anything about your relationship, finances, dating life, or your children. Do not discuss the case online under any circumstances. Do Not Delete Old Posts Without Advice Deleting evidence — even from your own social media — can constitute spoliation of evidence, which is a serious legal issue. Before removing anything, consult with your attorney about what is permissible.