A Divorce is an extremely stressful event by itself, and your spouse may use every "trick" in the book to seek an advantage over you.   Read this list for information on some things and learn from those who have (unfortunately) gone before you.   Failure to do so is at your risk!

THEY'VE CLEANED OUT THE JOINT ACCOUNT!  

CAN I GET THE MONEY BACK?

If it happened pre-petition, the answer is all too often, NO.   Up to the date of filing a divorce complaint, joint marital assets (such as joint checking and savings, investment accounts and assets) can generally be freely used by either party.   Once an action is filed, a "standing order" issued by the court will usually prohibit use of joint assets other than "ordinary course."  A commonly used technique in divorce situations is for the filing party to seize liquid assets and use them to pay his/her attorney or other personal debts.  This prevents the other party from having access to them (a useful if not dirty trick) to defend the action.  Money spent prior to petition is usually gone, and unless it was personal property of the other party, it¿s not likely to be recovered.    

MY JOINT CREDIT CARDS HAVE BEEN STOPPED!

I CAN'T PAY FOR GAS!

Once a divorce proceeding begins, your joint assets may be frozen and you will need your own credit to be able to live - food, transportation, lodging and clothing.   Your spouse could immediately terminate any joint cards, or your spending authority, and you may be left without any credit or cash to live upon.  If you don't have a personal checking account or credit card, it is important to get them prior to the filing of a divorce complaint.     

CAN MY EX-SPOUSE GET TO MY INHERITANCE?

Under Georgia law, with some exceptions, a person's personal pre-marital property remains his/her own.  Certain other exceptions apply in the case of inheritances during the marriage.  However, commingled personal and joint property can be very had to untangle, and the court may simply treat them as joint.   Don't commingle your personal assets with your spouse's assets if you can help it, unless you intend to relinquish half your rights to them.  Rather, keep the assets and accounts in your own name to make clear they are yours. 

HOW WILL I PAY FOR A LAWYER?      

A common strategy with divorcing parties is that one person will grab available joint assets to pay their lawyer.  Using joint funds means that your soon to be ex spouse will effectively have paid "half" of those legal fees.  Paying this ahead of time from joint marital assets, even if you have to take a loan or credit to do so, can minimize personal liability following divorce.  Borrowing pre-petition may be viewed as a joint debt.  Using a joint credit card may be a good option, but other arrangements may work as well.   Otherwise, you may have to pay those funds alone unless the court awards you attorney fees.   A court is generally entitled to award fees to either party in divorce related actions.  

MY SPOUSE JUST TOOK OUT A SECOND MORTGAGE.  

SHOULD I BE CONCERNED?  

Joint property (acquired during the marriage) and related marital debts will usually be divided in the divorce.   However, cash raised from loans against, say, your house, that were obtained prior to filing divorce can be freely used up to the date of filing.  Cash may be completely lost to you if left in your soon to be ex-spouse's hands.   Worse yet, you may be stuck paying half of this "joint" pre-petition debt.  Remember, don't get caught this way financing your spouse's post-divorce lifestyle.  

THEY WOULDN'T TAKE THE CHILDREN FROM THEIR MOTHER, WOULD THEY?

In Georgia, there is no presumption when it comes to custody and the courts purely look at the "best interest of the child".   Keep in mind that minor children over the age of 14 may elect which parent to live with as primary custodial parent, and the courts will usually respect this.   Avoid a pitched (and expensive) legal battle by having an election done ahead of time.   This may not ensure the outcome, but can be a big help to you.  

I KNOW SHE IS AN UNFIT PARENT.  

WILL I HAVE TO PROVE IT EVEN IF THIS IS A NO FAULT DIVORCE? 

FITNESS may not matter for property division, but it is ALWAYS at issue in child custody.  Georgia law does not presume either partner is "fit" or the best choice for custody.  Winning custody, or contesting a child's election generally requires that you be able to prove your ex-spouse's unfitness as a parent.  Save and keep evidence of unfitness ahead of time, and during the divorce proceeding.   Arrests, fights, drunken incidents, threatening, inappropriate or immoral behavior all may be useful.   Line up witnesses if possible.   Think hard about hiring a private investigator.     

I HAVEN'T WORKED FOR THE LAST FIVE YEARS.  

SHOULD I TRY TO GET A JOB RIGHT AWAY?    

Whether or not spousal alimony is available depends in large part upon the ability of each party to support him or her self financially post-divorce.   Usually courts give an unemployed or under employed spouse some limited time to "get on their feet" by affixing a period of alimony.   Running out to get a job quickly may seem like a good idea, but it may jeopardize your chances of receiving alimony, surrender your ability to obtain more education and training, and might even stunt your future career growth.  Consult with your advisor as to the timing.  

MY SPOUSE GAVE THE RECORDS TO HIS ATTORNEY AND

NOW I CAN'T GET THEM BACK!  

Divorce courts demand documentation of the marital and personal assets of the parties, and these records easily disappear before or during divorce proceedings.  Make a copy of EVERYTHING and keep it in a safe, untouchable area.   A safe deposit box or other secure space is best.   Make sure you keep a copy of ALL your tax returns, and any other evidence of what funds your ex spouse may have, or may be entitled to have.  Be very careful to limit your ex-spouse's access to prevent disappearance of crucial documents.    

I'M SUPPOSED TO LEAVE EVERYTHING IN PLACE,

 BUT THINGS KEEP DISAPPEARING!  

Even though a "standing order" may legally prohibit your soon to be ex-spouse from removing joint property, portable items may "disappear" or might not be found, and you will have difficulty forcing their return.   Even if you have clear evidence, you'll usually have to pay your attorney to fight for their return.  Save yourself time, money and headache by securing "portable" assets where they cannot disappear.  

MY EX-SPOUSE CAN'T TAKE THE KIDS OUT OF STATE, RIGHT?  

Wrong.  GA law generally permits the custodial spouse to remove the children to another state or location.  Don't rely upon your spouse's agreement to the contrary, as it may not be enforceable in Georgia due to the public policy allowing relocation.    

IF YOU ARE THREATENED OR FEEL UNSAFE FROM YOUR SPOUSE,

 A Temporary Protective Order WIELDS INCREDIBLE POWER.   

Georgia law protects spouses against domestic violence.   A spouse may obtain an "ex parte" court order, on very short notice, that could potentially (i) exclude a spouse from the home, (ii) affix temporary child support and alimony, and (iii) impose a restraining order on the unruly spouse.  This is a VERY powerful tool and is something to keep in mind.  The legal standards are relaxed in TPO proceedings, and courts aggressively protect spouses if they believe there is a threat.    

*(Ok, so it is really twelve issues.   Which ones would YOU leave out?)

DISCLAIMER:  The list above is for general information only and is not intended as legal advice to any party.  Answers given will change with different facts, so do NOT assume that the conclusions above will apply to you.  Consult your legal advisor for application of Georgia law to your specific situation.   Nothing herein is intended to establish an attorney-client relationship