Thinking About Divorce in Georgia? Here’s What to Know First
Deciding to divorce is never easy—and if you're considering this step, you're likely feeling overwhelmed, uncertain, and filled with questions. While every situation is unique, there are key legal and practical steps you can take early on to protect yourself, your children, and your financial future. Here’s what to know if you’re thinking about divorce :
1. Know the Residency Requirement
To file for divorce in Georgia, at least one spouse must have been a Georgia resident for at least six months. You file in the Superior Court of the county where your spouse lives. Filing first can give you a strategic edge in your case, and should be strongly considered.
2. Gather Your Financial Documents Early
Divorce involves more than just ending the marriage—it’s about dividing a life. Start collecting financial documents like:
Tax returns (last 3 years)
Pay stubs and bank statements
Mortgage and credit card records
Retirement and investment accounts
Having these ready will make things smoother and help your attorney (if you hire one) understand the full financial picture.
3. Consider Custody and Parenting Arrangements
If you have children, custody will be a central issue. Georgia courts prioritize the “best interest of the child” as defined by O.C.G.A. Section 19-9-3 considering factors like:
Each parent’s involvement
The child’s relationship with each parent
Stability, safety, and ability to provide care
Start thinking about what kind of parenting plan might work best—joint physical custody? Sole legal custody? Shared decision-making? The more prepared you are, the more smoothly these negotiations can go. Further, start documenting everything you do for the kids, just in case you and your spouse don’t agree on what is best.
4. Don’t Move Out Without a Plan
Many people think they should move out of the home right away—but this can have legal and strategic consequences, especially in custody cases.
5. Think Strategically—Not Emotionally
Divorce often stirs strong emotions, but every decision you make should be strategic. Reacting in anger or panic can lead to mistakes—like sending hostile messages, draining bank accounts, or using your children as bargaining chips. These actions can come back to hurt you legally, and could hurt your case and affect your trial.
6. Preparation Is Power
Divorce is a legal, emotional, and financial process. The more informed and prepared you are from the start, the more likely you are to reach a fair and manageable outcome. If you’re considering divorce, take the time now to understand your rights, plan carefully, and build a team that can support you—whether that’s an attorney, therapist, or trial consultant.
How can I support you in your divorce? As a trial consultant, I am here to give you guidance from the start in how to strengthen your case and present strategic arguments, as well as prepare you for depositions, mediation and even final trial. More questions on how I can help? Call or text 770-880-4781 or email elizabeth@court-confidence.com.
