Mr. Padgett recalled one couple who couldn't even agree on the division of small items such as their television and videocassette recorder. In the end, the judge in the case ordered their personal property sold at a flea market and then split the proceeds between them. The couple received only a fraction of what the items were actually worth, and they incurred additional attorney fees related to the sale. The moral of the story is that it is better to resolve a divorce amicably. Judges are not interested in dividing pots and pans when they have emergency cases that involve children or more pressing concerns.
Divorce laws vary by state.
But most states, including Georgia, divide property equally between the parties. The 50-50 rule even applies in cases involving adultery or spousal abuse. Generally, the only kinds of property exempted from the equal division rule are inherited assets and property that was never co-mingled during the marriage. Assets identified in a prenuptial agreement are also shielded, but the vast majority of couples do not have such agreements. The typical couple maintains joint bank and credit-card accounts and usually owns property jointly.