Georgia Pre-Divorce Checklist: What to Do to Prepare for Your Divorce
Below is the advice I give to my potential clients and new clients when they ask me what they can do to prepare for their divorce.
Take the time to draft your “marriage story.” Work on a narrative that details the issues in your marriage. Whether you are confronting infidelity, substance abuse, emotional, financial or physical abuse or something else, the narrative will help focus you on why you are taking this big step. Remember to include any parenting issues in your marriage story. The marriage story is also an invaluable tool for your future divorce attorney. You want your divorce attorney to understand your motivation and priorities so she can advocate on your behalf.
Get organized and collect financial documents. One of the main goals of a divorce is to divide marital assets and debts. Having a good grasp on the family’s bank, retirement and investment accounts is just the beginning. Your divorce attorney will also want to know the approximate amount of equity in the marital residence, outstanding loan and credit card balances and your average monthly household expenses. Getting organized at the outset will save you time and money down the road. Below is a list of essential documents in any divorce:
Tax returns, W-2s, 1099s and K-1s for the last 3 years
Paystubs for the previous six months
Bank, retirement, investment, pension and social security account statements for the previous six months
Credit card statements for the previous six months
Copies of deeds, leasing agreements and real estate appraisals
Most recent loan statements (student loan, mortgage, etc.)
Documents related to your or your spouse’s business or employment
Recent credit report
Any documents that show what assets you brought into the marriage (i.e. separate property)
Copies of police reports and drug evaluations
Invoices for major recurring expenses (health insurance, school or daycare tuition, extracurricular activities, etc.)
Life and disability insurance policies
Estate planning documents
Prenuptial and postnuptial agreements
Consider filling out a Domestic Relations Financial Affidavit (“DRFA”). As part of your Georgia divorce you will almost always have to fill out a DRFA. The DRFA is a snapshot of your income, assets, debts and monthly expenses.
Document everything. Communicate with your spouse via e-mail and text messaging as much as possible about the care of your children. If your spouse is engaging in any suspicious activity, address it in an e-mail. But remember that whatever you put in writing is evidence. Before you send an angry text message or e-mail, think: would you want a judge reading this? And whatever you do, do not denigrate your spouse to your children, especially not in writing.
Create a new e-mail account/change your passwords. It is a good idea to create a new e-mail account. As an added precaution, change the passwords for all of your social media, e-mail and other online accounts.
Think (strategically) about your children. Georgia courts require a parenting plan before they will grant a divorce. Start educating yourself on which parenting plans are in the best interest of your children. There are lots of options to explore! If you anticipate a custody battle, gather evidence to show that you are involved in your children’s education, extracurricular activities and healthcare. Another good strategy is to keep a childcare diary: a detailed record of who does what for the benefit of the children.
Power of attorney. Determine if you need to revoke your spouse’s power of attorney.
Secure irreplaceable items. We all have those few items that are priceless. Consider putting that photo album, jewelry or piece of art in a safety deposit box or another safe place while the divorce is pending.
Rally your support system. A divorce can be a long and emotional process. Make sure you have family and friends that you can rely on when you are feeling overwhelmed. A good therapist and financial adviser are also vital members of your support system.
Prepare for the financial reality of divorce. You may be entitled to alimony. However, alimony in Georgia is assessed on a case-by-case basis depending on your need and your spouse’s ability to pay. It may not last as long as you would like and you may be confronted with a decrease in your standard of living. Work on polishing your resume and researching what education or training you may need to re-enter the workforce.
Do you need a Temporary Protective Order (“TPO”)? If you or your children are the victims of domestic abuse, get a TPO. Georgia courts can provide you, on an emergency basis, with temporary financial support, sole custody of your children, exclusive possession of your home, among other things, as part of the TPO.
Enlist professional help from an experienced divorce attorney. Every case is different. You need an attorney who will tailor their style to suit the needs of your family. Call several attorneys to get a feel for who has the competence and compassion to successfully resolve your divorce dispute.
Lennon, Giovinazzo & Steele Family Law attorneys have the knowledge and experience to help with any family law issues. Contact us at 404.726.8501 or visit our website at www.lgsfamilylaw.com to schedule a consultation.