Pre-Divorce Checklist: What You Need to Know Before Filing for Divorce in Georgia

• Intermarriage by people within the prohibited degrees of kinship
• Mental incapacity at the time of the marriage
• Impotency at the time of the marriage
• Force, menace, duress or fraud in obtaining the marriage
• Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
• Adultery during the marriage
• Desertion
• The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
• Habitual intoxication
• Cruel treatment
• Incurable mental illness
• Habitual drug addiction

Understanding these laws is essential for deciding how you want to approach the divorce. If there are grounds for fault-based divorce (such as adultery), it might affect aspects of property division or alimony.

However, the default option for most people is to proceed with a no-fault divorce.

Residency Requirements

Before you can file for divorce in Georgia, one spouse must have been a resident of the state for at least six months. If you or your spouse does not meet this requirement, you may need to wait until the residency requirement is fulfilled before filing.

2. Financial Preparation

Divorce can be financially overwhelming, especially if you’re not prepared for the division of assets, debts, and potential alimony. Taking the right steps now can help ensure you are financially stable during and after your divorce.

Assess Your Financial Situation

Before filing for divorce, take the time to evaluate your finances. Here are a few things to consider:

1. 1. Income: Understand the total household income, including salaries, business income, rental income, and other sources of money.
   2. Expenses: Identify your regular expenses (mortgage/rent, utilities, groceries, insurance, etc.) to help you determine your post-divorce budget.
   3. Debts: Make a list of any joint debts, including credit cards, loans, and mortgages.
   4. Assets: Inventory all of your assets, including:
2. 1. 1. Real estate
      2. Bank accounts (checking, savings, investment)
      3. Retirement accounts (401(k), IRAs, pensions)
      4. Personal property (cars, jewelry, artwork)

Gather Financial Documents

Start collecting all the financial documents you may need to prove your income, assets, and debts during the divorce process. This documentation will be important for negotiations or court proceedings.

Some documents to gather include:

1. 1. Tax Returns: The last 3–5 years of federal and state tax returns.
   2. Bank Statements: Recent bank statements from personal and joint accounts.
   3. Retirement Account Statements: 401(k), IRA, pension plans, and other retirement-related documents.
   4. Real Estate Documents: Deeds, mortgage statements, property appraisals, and home equity lines of credit.
   5. Business Documents: If you own a business, collect financial statements, balance sheets, and tax filings.
   6. Credit Reports: Obtain a copy of your credit report to check for any debts or obligations that may need to be considered.

Understand Alimony and Spousal Support

Alimony (also called spousal support) may be awarded depending on the circumstances of your marriage. Georgia courts take several factors into account when determining alimony, including:

1. 1. The standard of living during the marriage.
   2. The length of the marriage.
   3. The financial and non-financial contributions of each spouse.
   4. The recipient spouse's need for support and the other spouse’s ability to pay.

Temporary alimony may also be awarded during the divorce process. Preparing your financial records can help support your claim for or against alimony.

Separate Your Finances

Before you file for divorce, it’s important to open a separate bank account if you haven’t already done so. This ensures that your funds are separate from your spouse’s, and it provides you with financial independence during the divorce process.

3. Child Custody and Support Considerations

If you have children, one of the most significant issues you will face in divorce is child custody and support. Georgia courts prioritize the best interests of the child when making custody determinations.

Create a Parenting Plan

A parenting plan is essential for outlining the custody arrangements and visitation schedule for your children. Georgia encourages both parents to be involved in their children’s lives, and it is common for courts to award joint physical custody. However, the exact custody arrangement depends on the best interests of the child, which include:

1. 1. The child’s relationship with each parent.
   2. Each parent’s ability to provide for the child’s needs.
   3. The child’s adjustment to their home, school, and community.

Even if you and your spouse are in agreement, a clear parenting plan that outlines how holidays, vacations, and day-to-day care will be shared is vital to avoid conflict later on.

Child Support Calculation

Georgia uses a formula to calculate child support, which takes into account, among other things:

1. 1. 1. The gross income of both parents.
      2. The number of children.
      3. Health insurance and other necessary expenses (daycare, extracurricular activities).

Be sure to have a clear understanding of both your income and your spouse’s income to ensure that child support is calculated accurately. If you and your spouse can agree on a child support amount, it can be formalized in your divorce agreement.

4. Property Division

Georgia follows the principle of equitable distribution when dividing marital property. This means that the court will divide assets and debts in a way that is fair, but not necessarily equal.

Classifying Property

Property in Georgia is classified as either marital or separate:

1. 1. Marital Property: Property acquired during the marriage (e.g., a home purchased with joint income).
   2. Separate Property: Property owned by either spouse before the marriage or acquired by inheritance or gift during the marriage.