Property Division in Divorce: An Evolving Jursiprudential Rainbow

Written by Rachel Aliza Elovitz

In Georgia, property division in divorce is subject to certain rules – traditional principles out of which the Georgia Supreme Court has carved multiple exceptions.

Property division, first and foremost, must be “equitable.” Equity seeks to do that which is fair, and what is fair is not necessarily equal – not in Georgia. In community property states, the presumption may be that a 50/50 split is fair. In Georgia, the Court is charged ...

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