Getting divorced is an emotional decision, but it is also a financial decision that will affect every aspect of your life. Once a spouse has begun pursuing a divorce, there are steps to take that will help to safeguard the financial and legal interests of everyone involved. Starting off on the right foot will go a long way in preparing you for the road ahead, and a divorce lawyer in Atlanta, GA can help.
Ask a Divorce Lawyer in Atlanta, GA: 9 Steps to Take At the Beginning of a Divorce
1. Talk to a Lawyer
Talking to a top-rated divorce lawyer in Atlanta, GA, first and foremost, will help you understand the journey you are about to embark upon. It is wise to consult a lawyer even before you announce your plans to your spouse. Your attorney will give you the information you need as well as manage your expectations for the coming weeks or months. Whether your divorce is amicable or ugly, it is best to have a lawyer by your side, protecting your interests.
2. Gather Records
While a spouse still has access to all records, he or she should take the time to gather any information that may be important. Information such as a prenuptial agreement, insurance policies, current will, proof of income, mortgage documents, tax returns, and all financial statements for every account will be needed throughout the divorce proceedings. This information should be stored in a secure location that is outside of the marital home.
3. Open a Post Office Box
All communication with your lawyer should be protected. A post office box, that is separate from one that you share with your spouse, can serve as a confidential location for your lawyer and all other entities to confidently reach you.
4. Open a New Financial Account
In order to keep your money separate and secure, you will need to open new financial accounts. Your lawyer will advise you on withdrawing funds from your shared accounts depending on your particular situation. You will need access to funds in order to pay for expenses related to the divorce.
5. Establish Your Own Credit
If you find that you have not established your own credit, then it is important to take the necessary steps to do so. A good place to start is by pulling your credit report and understanding the current state of your finances. If you notice any discrepancies, you may need to legally object to charges that were outside of the marital estate.
Take care to monitor your credit regularly, ensuring that your spouse doesn’t open any new accounts or add to your personal debt. Close any joint cards in an effort to avoid additional debt, and open a new card in your own name that will help you establish credit that is outside of the marital relationship.
6. Take Inventory of Your Estate
Comb through your physical property and identify any items that are not considered part of the marital estate. These are typically items acquired before the marriage, as well as gifts or inheritance directly given to one spouse. Items that hold a significant value should be photographed and time-stamped. Records that prove the current value of certain items should be kept and stored in a safe location.
7. Stay in the Marital Home
Before moving out of the marital home, discuss any possible legal ramifications with your divorce lawyer. Leaving the family home may cause you to lose the right to claim any property in the future.
If you have children together, remember to keep them as your top priority throughout this process. Staying in the family home together, until otherwise advised by your lawyer, will help during the custody part of your case.
8. Secure All Digital Information
It is common for couples to share computers, and those computers often store login information that another party can use to access your various accounts. When digital information is not protected, a spouse can find personal details that you would otherwise like to have kept private, such as online profiles, emails, future plans, or past indiscretions. Take the time to safeguard your digital information in an effort to protect your privacy.
9. Change Your Estate Plan
If your spouse is listed as your life insurance beneficiary or if they are the primary heir in your will, you will need to make changes to these legal documents. You should also appoint a new personal representative, health care proxy, and power of attorney to keep your estate plan current.
Getting involved in a divorce battle is no small feat. Legally ending a marriage requires mounds of paperwork, and is quite an emotional process. The goals of a divorce case can take months to accomplish, but preparing yourself as best as possible in the beginning will help the overall process seem a little less overwhelming.
