How to Deal with Firearms During Divorce in Atlanta

Firearms can complicate divorce in Atlanta. Perhaps you’re concerned about the threat of gun violence, and you want your ex’s firearms taken away. Maybe you’re not sure what to do with the weapons after your ex has left the family home. You might also wonder how these firearms will be divided during the property division process in Atlanta. How do you approach this situation? Could a family law attorney in Atlanta help?

Does Georgia Have “Red-Flag Laws?”

Georgia does not have red-flag laws. While other states have enacted laws that automatically take away an alleged abuser’s firearms, Georgia takes a more conservative stance. Filing for a protective order will not automatically cause your ex to lose their guns during a divorce. However, you may request that a judge order the confiscation of their firearms. Often, judges agree to these requests given the risk associated with an alleged abuser possessing a firearm.

The authorities may also confiscate your ex’s guns if they have been accused of a crime, even if they have not yet been convicted. However, this confiscation may only last a certain amount of time before the authorities are forced to return the guns. In addition, law enforcement may need to get a special court order before moving ahead with the confiscation. 

What if My Ex Left Their Guns in the House? 

If your ex has moved out during a divorce, they should take their firearms with them. Contact your ex and request that they pick up the firearms. Make sure they are properly locked and out of the reach of any children in the house. Do not throw away, sell, or otherwise dispose of the firearms. If the firearms belong to your ex, you have no right to take these steps. Even if you co-own them as marital property, you must go through the property division process before you can get rid of the firearms.

Who Gets the Guns in an Atlanta Divorce?

Like all pieces of property, firearms are subject to the equitable distribution process in Atlanta. As a result, you first need to determine whether the firearms are separate or marital property. If you owned the guns before signing your marriage contract, you do not need to worry about property division. The guns should remain yours after the divorce.

If you purchased the firearms during the marriage, they are almost always “marital property.” As a result, they are subject to the property division process. What this usually means is that each spouse will receive 50% of the value of the gun collection. Note that one spouse could keep the firearms and provide the other with a cash “buyout” instead.

Can a Divorce Lawyer in Atlanta Help Me?

A divorce lawyer in Atlanta may be able to help you deal with firearm-related situations. If you need to ensure your safety, a lawyer may be able to educate you about red-flag laws, restraining orders, and other options so you feel protected. If you’re curious about property division, a lawyer can also guide you through the next steps. Contact Kaye, Lembeck, Hitt & French today for more information.

Sources: 

womenslaw.org/laws/in/state-gun-laws/firearms-seizure-and-retention-law/how-are-firearms-removed-dangerous

womenslaw.org/laws/ga/state-gun-laws/i-have-temporary-protective-order-against-abuser-can-hisher-gun-be-taken-away