1. IDENTIFY ALL OF YOUR MARITAL PROPERTY.
Make a list of everything that was acquired during the marriage, including money received
from property that was sold. ‘Property' also includes financial assets acquired by either
person such as money in 401k plans, stocks, and other financial assets. Make copies of
financial and tax records and keep them in a safe place.
2. PROTECT YOUR MONEY AND YOUR CREDIT.
Money in any joint bank accounts (checking or savings) can be withdrawn by anyone authorized
on that account. A bank will hold each person fully responsible for any charges made on any
joint credit cards. You have the right to protect your assets and your credit, but you are
not allowed to hide assets while the divorce is pending and your are not allowed to leave your
spouse destitute.
3. CONSULT WITH AN ATTORNEY.
The sooner you talk with an attorney, the better. Even though you may not have made the final
decision to seek a divorce, it is still advisable to consult with an attorney. A quality
family law attorney will not try to push you into a divorce and may be able to recommend a
marriage counselor. If you believe that there is no possible hope in reconciling your marriage,
then you should meet with an attorney as soon as practicable. Your attorney can do a much
better job, and can help make the process as smooth as possible, if he gets involved in your
case sooner rather than later. Also, you must be honest with your attorney. It is not fair
to your attorney, and it can possible hurt your case, if you try to conceal things from your
lawyer.
4. BE AWARE OF YOUR RIGHTS, BUT BE REASONABLE ABOUT YOUR EXPECTATIONS.
Georgia law gives you the right to an equitable division of all marital property. "Equitable"
does not mean "equal". You do not automatically have the right to one-half of any given item
of marital property. You have the right to an equitable division of all marital property as a
whole. Everyone wants to win, but if you feel that you must defeat your spouse in front of a
jury, then you will only prolong the bitterness of your divorce and accumulate a large legal
bill.
5. USE A SUPPORT SYSTEM.
It is unfair to your attorney, and an unwise decision by you, if you expect your attorney to
be your entire support system through your divorce. Call on your family and friends for
emotional and financial help. A professional counselor can often help with the complex
emotions involving your divorce and post-divorce life. If you do not know of any professional
counselors, ask your attorney for a referral. Also, watch the videotape, "On Surviving Divorce"
by John Bradshaw. It should be available in the video tape department of your public
library.