Divorce Information You Should Know
Divorce is a life-altering event that affects many aspects of your personal, financial, and emotional well-being. While there’s plenty of advice available, there are some things that no one really prepares you for. Understanding the nuances of Georgia divorce law, along with the emotional and logistical challenges, can help you better navigate the process.
Here are 15 things no one tells you about divorce, especially in Georgia.
1. It’s Emotionally Draining — and That’s Okay
Divorce is not just a legal process; it’s an emotional rollercoaster. Whether you initiated the split or not, there are feelings of loss, anger, grief, and sometimes even relief. The emotional toll can be overwhelming. Many individuals aren’t prepared for how deeply a divorce can affect them.
While it’s important to acknowledge and process your emotions, working with a mental health professional or therapist can be invaluable during this time. Divorce can feel like a constant wave of ups and downs, and it’s crucial to have strategies in place to cope with the emotional stress.
2. Georgia is a “No-Fault” Divorce State
Georgia allows for “no-fault” divorce, which means you don’t need to prove that your spouse did something wrong (such as adultery or abandonment) in order to file for divorce. You only need to state that the marriage is “irretrievably broken.” While this may sound straightforward, the emotional and financial aspects of the divorce can still be complicated.
Understanding this legal distinction can impact how you approach your divorce, especially if you’re trying to figure out how to split assets, custody, and support.
3. Dividing Assets Can Be Complicated
In Georgia, the court follows an “equitable distribution” system when dividing marital property. This doesn’t mean everything is split 50/50, but rather, the court aims to divide the property fairly based on several factors, such as the length of the marriage, financial contributions, and any separate property each party may own.
It’s common for spouses to disagree on what is “fair,” and having the right legal representation can help ensure that the division of assets reflects your contributions and needs.
4. Alimony Isn’t Guaranteed
In Georgia, alimony isn’t automatically awarded in a divorce. The court may consider various factors before determining whether one spouse will receive alimony from the other, such as the recipient spouse’s needs, the paying spouse’s ability to pay, and the length of the marriage.
If you expect alimony or are hoping to avoid paying it, it’s essential to understand the guidelines and work with an attorney to present your case effectively.
5. Child Custody Can Be More Complicated Than You Expect
Child custody battles are among the most emotionally taxing aspects of a divorce. Georgia courts prioritize the best interests of the child when determining custody arrangements. Factors such as the child’s emotional ties with each parent, each parent’s ability to provide for the child’s needs, and the child’s preferences (if they are old enough) will be considered.
It's also worth noting that Georgia favors joint custody, meaning that both parents may share legal and physical custody of the child. However, this doesn’t necessarily mean an equal time split. A family law attorney can help you understand the best options for your specific situation.
6. Spousal Support May Be Temporary
In some cases, temporary spousal support may be ordered during the divorce process. This is meant to help a spouse maintain financial stability while the divorce is being finalized. The amount and duration of spousal support depend on factors like the financial needs of the requesting spouse and the paying spouse’s ability to provide support.
It’s important to understand that temporary support may not be the same as permanent alimony, and you’ll need legal guidance to ensure that the support terms are fair.
7. Your Credit Score Could Take a Hit
Divorce often leads to financial changes, and one of the most significant consequences can be the impact on your credit score. If you share joint debts with your spouse, you may be held responsible for paying those debts, even if they were not part of the divorce settlement.
It’s important to start building your financial independence before the divorce is finalized, including separating joint accounts and seeking professional help to protect your credit.
8. You’ll Need to Update Legal Documents
Once your divorce is finalized, there are several legal documents that will need updating, including your will, power of attorney, and beneficiary designations. It’s crucial to revisit these documents to ensure they reflect your new circumstances.
Failing to update these documents could lead to confusion or unintended consequences, especially if you’re still listed as your ex-spouse’s beneficiary on life insurance or retirement accounts.
9. You May Have to Sell the Family Home
If the family home is considered a marital asset, it may need to be sold or one spouse may need to buy out the other’s share. This decision can depend on the financial situation of both parties, the children’s needs, and the overall division of assets.
The decision to sell or keep the home can be emotionally charged, as the family home often represents stability for children and a sense of security. However, it’s crucial to approach this decision with practicality, as holding onto a home may not always be financially feasible.
10. Mediation Can Be Less Expensive Than Litigation
While it’s common to think of divorce as a courtroom battle, many divorcing couples in Georgia opt for mediation, a process where both parties work with a neutral third-party mediator to reach agreements on key issues like property division, child custody, and support.
Mediation can save you money and reduce the emotional toll of a contentious divorce. Additionally, it allows both parties to have more control over the outcome. If you and your spouse are open to negotiation, mediation can be a much more efficient and peaceful solution.
11. You May Be Required to Pay Your Ex’s Legal Fees
In Georgia, it’s possible for one spouse to be ordered to pay the other’s legal fees in certain circumstances. This may happen if one party is in a significantly stronger financial position than the other or if one party has acted in bad faith during the proceedings.
It’s important to understand the possibility of this happening and prepare financially for the potential cost.
12. You’ll Need to Co-Parent, Even After the Divorce
In Georgia, joint legal custody is the preferred arrangement, meaning both parents will continue to share responsibility for making major decisions about their child’s upbringing. This means that after the divorce, you’ll still need to communicate and cooperate with your ex-spouse, especially when it comes to decisions about education, healthcare, and extracurricular activities.
The ability to co-parent effectively can be challenging, but it’s crucial for the well-being of your children. Consider co-parenting classes or counseling if you’re struggling with communication.
13. It’s Okay to Lean on Support Systems
Divorce is tough, and trying to go through it alone can be even harder. It’s essential to lean on your support system — whether that’s family, friends, or professionals — for emotional and logistical help. You don’t have to navigate this difficult time in isolation.
Many people find that having a therapist or counselor during a divorce helps them process the emotional aspects more effectively.
14. Your Mental Health is a Priority
The emotional and psychological toll of divorce can be significant. It’s easy to get lost in the details of legal proceedings and financial settlements, but it’s equally important to take care of your mental health. Seek out therapy or support groups, practice self-care, and be kind to yourself during this difficult time.
Taking care of your mental health will help you make clearer decisions and move forward more confidently.
15. Divorce Isn’t a Quick Process
Finally, it’s essential to recognize that divorce isn’t a quick fix. While Georgia allows for no-fault divorce, the entire process can take several months or even longer. Factors such as contested issues, asset division, child custody arrangements, and alimony disputes can all lengthen the process.
Patience is key. Keeping your focus on the long-term outcome, rather than seeking immediate relief, will help you stay grounded and make the process less stressful.
Georgia Divorce Lawyer
Divorce in Georgia is complex, both legally and emotionally. Whether you're navigating child custody, asset division, or simply trying to adjust to life after your marriage, it's important to be prepared for the unexpected.
Working with a knowledgeable and caring divorce attorney at The Sherman Law Group can help guide you through the legal aspects of divorce while prioritizing your mental health and well-being will ensure you can move forward with confidence.