Considering a divorce in Georgia? You are not alone. Tens of thousands of couples opt to end their marriage in the state each year. Divorce is hard. Even if both spouses agree that it is the right decision, that does not make the process easy. At Burns Smith Law, P.C., our Georgia divorce lawyer wants to make sure that you have the knowledge and resources to protect your rights and your interests. 

Your Comprehensive Pre-Divorce Planning Checklist in Georgia

• You Should Make Sure Divorce is the Right Option 

Are you going through marital challenges? A divorce may or may not be the right to be the best option for you and your family. As part of your pre-divorce planning, it is useful to take a moment and evaluate whether a divorce is the best option. It may or may not be. In some cases, you and your spouse may want to work toward reconciliation. In other cases, you (or both you and your spouse) may be absolutely ready to file for a divorce now. There is no wrong decision. It is about what is right for you and your future. 

• You Must Gather and Organize Financial Documents/Records

Finances are a huge part of any divorce in Georgia. When it comes to dealing with financial issues, including property division, organization is essential. As part of your pre-divorce planning process, you should take the time to gather and organize all relevant financial documents and records. Only when you have a clear and comprehensive picture of your finances will you be in the best possible position to navigate this aspect of the divorce process. 

Legal Tip: Georgia has comprehensive financial disclosure requirements for a divorce. A Georgia divorce lawyer can make sure that you (and your spouse) make the proper financial disclosures. 

• You Should Carefully Inventory Your Assets

Another big issue for planning is to carefully inventory your property and assets. You need to have a strong understanding of what you and your spouse own, both separately and collectively. Along with other things, an inventory of assets should include: 

• Real estate; 
• Bank accounts; 
• Investment accounts; 
• Retirement accounts; 
• Personal property; 
• Vehicles; 
• Business interests; and
• Debts/liabilities.  

The key point is to be comprehensive. Property division is one of the most challenging aspects of a divorce. It is useful to know what exactly is owned. 

• You Must Preserve Any Evidence Misconduct/Financial Dissipation

Georgia is a no-fault divorce state. You do not need to prove “misconduct” in order to qualify for a divorce. Irreconcilable differences are sufficient. With that being said, marital misconduct can be relevant if your spouse spent/lost money in an inappropriate manner. For example, if he or she has an affair supported by marital funds, evidence of that should be preserved. 

• You Need to Consider Your Kids (If Applicable)

Do you have young kids or teenagers? If so, child custody/visitation and child support are going to be big issues in your divorce case. Our state operates under the best interests of the child standard for determining custody rights. For divorcing parents, it is important to prepare for that before you file. Your kids need to be a top priority. 

• You Must Be Able to Establish Georgia Residency

You can file for divorce in Georgia even if you got married in another state. With that being said, you must satisfy your state’s residency requirement. Under Georgia law (GA Code § 19-5-2), at least one spouse must have lived within the state for at least the last six months in order to file for divorce. Notably, a divorce petition is typically filed in the Superior Court of the county of residence. 

• You Should Set Up a Separate Bank Account 

If you are serious about filing for a divorce, it is best practice to start the process of separating your finances now. Among other things, this means setting up a separate bank account. However, you should generally avoid making any big (unnecessary) purchases until things are more stable. You may want to start the process of setting up other separate accounts as well, such as a separate credit card and/or a separate retirement account, but you should be careful not to waste assets. 

• You Should Speak to a Georgia Divorce Lawyer

As preparing for a divorce can be challenging, it is best to consult with an experienced Georgia divorce lawyer as early in the process as possible. The right attorney can answer your questions, explain your options, and help you gather and organize all of the documents, records, and paperwork that you will need to file a compelling, well-supported divorce petition. You do not need to have all of the answers at this time. Your Georgia divorce lawyer can comprehensively review your case and help you determine exactly what needs to come next. 

How Our Georgia Divorce Attorney Can Help

Divorce is complicated. There are many legal, financial, and logistical issues that need to be addressed and resolved. At Burns Smith Law, P.C., we are a proactive, solutions-driven family law firm that can protect your rights and your interests. Our Georgia divorce lawyers are ready to help you ensure that you do everything right before you actually file. Your initial consultation with our Georgia divorce lawyer is fully confidential and carries zero additional obligations. We provide truly comprehensive family and divorce representation. Our family law team knows that it is not just about the paperwork. We can help you navigate all of the material issues that could be relevant in your divorce case, including property division, spousal support, child custody, and child support. 

Speak to a Top Georgia Divorce Attorney Today

At Burns Smith Law, P.C., our Georgia divorce lawyer has the experience you can trust. If you have any questions about what you should do before you file, we are here to help. Contact us today for a fully private, no obligation case review. With an office in Canton, an office in St. Simon Island, and an office in Cumming, we serve communities throughout the region.