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Preparing for Divorce

On Behalf of | Feb 14, 2022 | Divorce

Going through a divorce is often accompanied by heightened emotions and is overwhelming for everyone involved. Apart from the psychological toll of divorce, there is also legal paperwork involved, including property division, settling debts, and making suitable plans for your family’s future. An experienced Georgia family law attorney can enlighten you about how to prepare for a divorce and help you make intelligent decisions.

Attorney Banks-Ware has the knowledgeable guidance and advocacy to help clients in family law and divorce-related matters. Noreen Banks-Ware can seek to enlighten you about some things to consider before filing for divorce and the necessary steps to take when preparing for divorce. Also, she can help craft a personalized legal strategy to help make your divorce process feel less stressful. The firm proudly serves clients in Lithonia, Covington, Lawrenceville, Decatur, McDonough, and Conyers, Georgia.

Things to Consider Before Filing

If you are considering filing for divorce, here are some crucial things to know before you proceed:


People going through divorce usually experience various psychological issues, including increased stress, heightened emotions, depression, and lower life satisfaction. Getting divorce counseling and adequate support is often advisable to mitigate possible mental health issues. With this, you can better understand the reason for your divorce and learn to cope with life after divorce.

The Type of Divorce

Furthermore, you need to consider the type of divorce or how you want to end your marriage legally. The available options for divorce include contested, uncontested, collaborative, mediation, and do-it-yourself divorce. An experienced attorney can enlighten you about the benefits and drawbacks of each type of divorce and determine the best way to proceed with marital dissolution.

Living Situation

When considering divorce or during the divorce process, some spouses are often confused about whether to move out or continue living in the marital home. Depending on the surrounding circumstances of the divorce, here are some possible options:

  • Continue living in the marital home with your estranged partner, even after the divorce.
  • Move out of the marital home until the divorce is finalized.
  • Sell the property and divide the equity.
  • Bird-nesting – an agreement whereby you and your estranged partner live in the house with the children at different times.

Financial Readiness

Are you financially ready for the divorce? A divorce is often a life-changing event that can have a significant effect on your finances. Before you proceed, you should know your financial situation. Find out what you own and what you owe. Create a divorce survival plan, separate your financial affairs from your estranged spouse, update your budget, and start thinking about retirement.

Steps to Take to Prepare for the Divorce Process

Here are some important steps to take when preparing – or before you file – for divorce:

Hire a Knowledgeable Family Law Attorney

Before you file for divorce, you need to consult with a knowledgeable lawyer for detailed guidance, to avoid costly errors, and to navigate intelligent decisions. An experienced divorce attorney can help you understand the Georgia divorce process, educate you about your available options, what to expect after divorce, and help you navigate key decisions regarding your new future.

Identify Personal/Married Property

Additionally, the division of marital property remains a crucial aspect of the divorce process. Here’s a checklist to help you prepare for asset division in a divorce:

  • Identify your personal property or differentiate them from marital property.
  • Make copies of vital documents
  • Untangle your finances and cancel joint accounts
  • Change personal passwords to your financial accounts
  • Protect your credit
  • Take a detailed inventory/record of individually- or jointly-owned assets, such as house(s), motor vehicles, household items, and personal belongings.
  • Collect any legal documents or paperwork relating to these assets and properties.

Gather Personal Information

What’s more, gather personal information about you and your estranged partner. These include:

  • Proof of residency
  • Individual information
  • Employment information/history
  • Copies of any prenuptial or postnuptial agreements
  • Marital history
  • Information about your children
  • Estate planning documents
  • Health insurance policies
  • Life insurance policies.

Assess Financial Situation

Furthermore, evaluate your financial situation to know where you stand financially. Find out what you have, your income, your debts, and what you’re going to need. You can assess your financial state by collecting all financial records, including assets and debts you may own or owe.

Collect Legal Documents

Lastly, collect legal documentation such as insurance policies, income tax returns, wills and trusts, advance directives, end-of-life plans, and other documents for family or joint businesses. Make copies of any legal document showing your personal information. With these legal documents, you can plan how your affairs will be handled going forward.

However, every divorce case is unique. Preparing for divorce and navigating the proceedings requires adequate support, detailed guidance, and experienced representation from a knowledgeable family law attorney.

How E.N. Banks-Ware Law Firm LLC Can Help

Filing for divorce in Georgia often involves several complexities. Filing the divorce petition, completing the necessary legal paperwork, and negotiating a divorce settlement – including alimony, asset division, child custody, support, and parenting time – can make the whole process more stressful and complicated. Therefore, you need to speak with a knowledgeable family law attorney to receive detailed guidance on the necessary steps to take when preparing for a divorce.

Attorney Banks-Ware has the diligence, resources, and expertise to help individuals and families navigate the complex procedures involved in divorce and legal separation. Using her in-depth legal knowledge, Noreen Banks-Ware can help guide you through the divorce proceedings and help you make informed decisions.

Contact E.N. Banks-Ware Law Firm LLC today to schedule a simple case evaluation with an experienced divorce attorney. The firm proudly serves clients across Lithonia, Decatur, McDonough, Covington, Lawrenceville, and Conyers, Georgia.