Filing for divorce is one of the most significant legal decisions you can make, but it is rarely a simple one. In addition to the emotional weight of ending a marriage, there are financial, legal, and logistical matters that all need to be addressed. The more prepared you are before the process begins, the better positioned you will be to protect yourself and your future.
Georgia law has specific requirements for filing for divorce, and courts in the Atlanta metro area may have additional rules depending on the county. As a result, taking the right steps early on can make the difference between a smoother process and one filled with avoidable setbacks.
Read on for seven practical ways to prepare.
1. Get to Know Georgia’s Divorce Laws
Before you do anything else, it helps to understand the basics of how divorce works in Georgia. For instance, at least one spouse must have lived in the state for at least six months before filing. Divorce cases are filed in the Superior Court of the county where the other spouse lives, though there are exceptions depending on the circumstances.
Georgia allows both no-fault and fault-based grounds for divorce. A no-fault filing simply states that the marriage is “irretrievably broken,” while fault-based grounds can include conduct like adultery or abandonment. Most couples choose the no-fault route because it tends to move faster and does not require presenting evidence of misconduct.
2. Gather Your Financial Documents
Financial transparency plays a central role in Georgia divorce proceedings. Courts require detailed documentation when deciding how to divide property, calculate support, and determine child-related obligations. Getting organized early can save you significant time and stress.
Key documents to collect include:
- Recent tax returns for both you and your spouse
- Bank statements
- Pay stubs
- Records of other income sources
- Mortgage statements
- Car loan documents
- Credit card balances
- Retirement account statements
- Pension statements
Store these records in a secure location that only you can access. If possible, make copies of everything as well.
3. Open Individual Bank Accounts and Credit Lines
If all of your finances are tied to joint accounts, it is a good idea to start establishing financial independence before the divorce is filed. Opening a bank account in your own name gives you a place to manage your personal expenses during the process.
If you do not already have a credit card in your name alone, applying for one now can help you begin building your own credit history.
4. Take Inventory of Marital and Separate Property
Georgia is an equitable distribution state, meaning the court divides marital property in a fair but not necessarily equal manner.
Before filing, take time to identify what falls into each category:
- Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title.
- Separate property includes assets one spouse owned before the marriage, as well as gifts and inheritances received individually during the marriage.
Creating a detailed inventory now gives your attorney a clearer picture of the estate and helps prevent assets from being overlooked or undervalued.
5. Consider Your Living Arrangements
Where you and your spouse will live during and after the divorce is worth thinking about early on. In some cases, one spouse stays in the marital home while the other relocates. In others, both move into new housing.
If children are involved, courts in Georgia generally prefer to minimize disruption to their daily routines, so living arrangements often play a role in custody decisions.
6. Create a Plan for Your Children
When children are involved, custody and support will be among the most important issues in the divorce. Georgia courts decide custody based on the best interests of the child and consider a wide range of factors when making that determination.
Steps you can take early in the process include:
- Keeping a record of your involvement in your children’s daily lives, including school events, medical appointments, and extracurricular activities
- Thinking through what custody arrangement would work best for your children and your schedule
- Familiarizing yourself with the Families in Transition seminar, which Fulton County generally requires both parents to complete before a divorce involving children can be finalized
Try to avoid putting your children in the middle of any disputes. Courts pay close attention to how each parent handles conflict, and your behavior during this time can influence the outcome.
7. Consult With an Experienced Family Law Attorney
Of everything on this list, meeting with a family law attorney may be the most important step you can take. Every divorce case involves a unique set of facts and circumstances at the end of the day, and a qualified lawyer can ensure your rights and interests are fully represented throughout the legal process.
Without legal representation on your side, it’s possible to end up with an outcome that isn’t fair, and that doesn’t set you up for the future.
Schedule a Consultation With an Atlanta Divorce Lawyer at The Edwards Law Group Today
If you are considering a divorce in Atlanta, Georgia, reaching out to a knowledgeable Atlanta divorce attorney is a good place to start. Contact The Edwards Law Group at (770) 723-7211 to schedule an initial consultation today. At that time, you’ll be able to ask any questions that you might have, as well as receive some preliminary legal guidance about your next steps.