Deciding to file for divorce can be one of the most challenging decisions in a person’s life. It’s a process that not only involves significant emotional considerations but also requires careful planning, thorough organization, and a comprehensive strategy. At Resurgens Legal Counsel, we understand how overwhelming this process can be. To help guide you through the initial stages, we've prepared a basic checklist to consider before filing for divorce in Georgia.

1. Gather Financial Documents. Divorce proceedings involve a detailed examination of your financial situation. Start by collecting bank statements, tax returns, pay stubs, investment accounts, and retirement account statements for at least the last 12 months. If you have other, more unique assets, you should work on gathering documentation reflecting ownership and value of those assets, as well. Having a clear picture of your assets, debts, and income is crucial for an equitable division of property.

2. Understand Your Debts. It's not just about what you own, but also what you owe. List all joint and individual debts, including mortgages, car loans, credit card debts, and personal loans. Understanding your debt situation is vital for a fair settlement, as any settlement (or division by the Court) will necessarily include the debts, as well.

3. Inventory Marital and Non-Marital Assets. Georgia law distinguishes between marital and non-marital assets. Marital assets are generally those acquired during the marriage, regardless of whose name is on the title. Make a list of all such assets, including real estate, vehicles, valuable personal property, and business interests. On the other hand, assets that were owned prior to the marriage (and that have not been intermingled with marital assets) are considered separate property, and not subject to division in the divorce. In longer marriages, proving that certain assets pre-dated the marriage can be tricky, so it is incredibly important to locate supporting documentation as early as you can in the process.

4. Consider Your Living Arrangements. Think about where you and your spouse will live during the divorce process. If you have children, their needs and stability should be a primary concern. If you and your spouse are unlikely to be able to continue to live in the same residence peacefully, you should consider all options to ensure your safety. Decisions about the marital home can significantly impact divorce negotiations.

5. Plan for Child Custody and Support. If you have children, their welfare is paramount. Consider custody arrangements and how you will handle child support. It’s beneficial to think about how you and your spouse can best support your children’s needs during this transition.

6. Assess Your Insurance Needs. While your divorce is pending, the both parties are generally required to maintain all insurance plans in effect at the time of filing. However, health, life, auto, and home insurance may need adjustments post-divorce. Make sure that you understand the coverage you have and what you'll need after the divorce. Don't forget to consider how your children's health insurance will be handled, what plans are available, and at what cost to each party.

7. Create a Post-Divorce Budget. Your financial situation will likely change post-divorce, and its never too early to start planning for those changes. Prepare a realistic budget considering your income, expenses, and the potential financial outcomes of the divorce. This step is crucial for long-term financial planning. It can also be helpful for your attorney and the Court if alimony is an issue in your case.

8. Consult with a Divorce Attorney. Every case is different, and there is no “one size fits all” version of a divorce. An experienced divorce attorney can provide crucial guidance tailored to your situation, taking into account the uniqueness of your case, your financial circumstances, the needs of your children, and temporary issues that may come up along the way. At Resurgens Legal Counsel, we are equipped to navigate the complexities of Georgia divorce law and help you achieve a fair outcome.

9. Consider Therapy or Counseling. Divorce can be emotionally taxing, and you should not have to go through it alone. Professional counseling or therapy can provide support and help you navigate this challenging time. Remember, taking care of your mental health is as important as taking care of the legal aspects.

10. Document Everything. Keep a detailed record of all communications, agreements, and financial transactions related to your divorce. This documentation can be crucial in legal proceedings.

While this checklist is a starting point, remember that every divorce is unique. At Resurgens Legal Counsel, we are here to help you navigate through this difficult time with compassion and professionalism. To discuss your specific situation and get tailored advice, schedule a consultation with us today by clicking here or by calling us at (770) 765-7550.