A Georgia Divorce Lawyer’s Guide to Protecting Your Rights, Finances, and Family During the Divorce Process
Divorce is one of the most emotionally and financially disruptive events a person can experience. The decisions you make during this process will shape your financial future, your parenting rights, and your emotional well-being for years to come. Unfortunately, many people—through no fault of their own—make serious mistakes during divorce that are entirely avoidable with the right guidance.
As seasoned Georgia divorce attorneys, The Sherman Law Group has helped thousands of clients avoid these common traps. This guide breaks down the 10 most costly mistakes to avoid during divorce in Georgia, explains why they matter, and provides practical tips to protect your rights at every stage.
Whether you’re considering filing, are in the middle of a contested divorce, or trying to finalize terms of custody or property division, this is the must-read guide to steer clear of legal landmines.
1. Not Hiring an Experienced Georgia Divorce Attorney
The most dangerous mistake is going it alone. Even if your divorce seems simple, representing yourself puts you at a significant disadvantage—especially if your spouse has an attorney.
Why It’s Costly:
- You may misunderstand Georgia law on asset division, alimony, and custody.
- You risk signing an unfair or unenforceable agreement.
- You’ll likely miss procedural rules or deadlines, delaying your case or costing you money.
Georgia Tip:
Georgia is an equitable distribution state, meaning marital property is divided fairly—not always equally. Without a lawyer, you might forfeit assets you’re legally entitled to.
What to Do:
Consult a family law attorney early, even if you're unsure about moving forward. A good lawyer can help you:
- Understand your rights and obligations
- Strategically plan asset division
- Negotiate effectively or represent you in court
2. Hiding or Failing to Disclose Assets
Whether accidental or intentional, failing to fully disclose financial assets during divorce can seriously damage your credibility—and your case.
Why It’s Costly:
- Courts can penalize or award a disproportionate share to the other spouse if they discover you weren’t transparent.
- Hidden assets may resurface later, leading to litigation or overturned agreements.
What Georgia Law Says:
You must file a Domestic Relations Financial Affidavit (DRFA) under oath. Lying or omitting information is perjury.
Common Oversights:
- Cryptocurrency holdings
- Retirement accounts (401(k)s, IRAs)
- Inherited property or trusts
- Business interests
What to Do:
Be thorough, honest, and organized. If you suspect your spouse is hiding assets, your attorney can initiate discovery, subpoena records, or hire a forensic accountant.
3. Letting Emotions Drive Your Decisions
Divorce is emotional. But when anger, guilt, or revenge drives your legal decisions, you risk hurting your own interests.
Why It’s Costly:
- Emotional decisions often lead to rushed settlements or drawn-out battles.
- You might agree to give away too much just to get it over with—or fight over minor issues that drive up legal fees.
Common Examples:
- Refusing mediation out of spite
- Using the legal process to punish your spouse
- Fighting over the dog instead of retirement assets
What to Do:
Focus on your long-term goals, not temporary satisfaction. Use a therapist or counselor for emotional support—and let your attorney focus on legal strategy.
4. Ignoring or Misunderstanding Georgia Child Custody Laws
Custody disputes are often the most emotionally charged—and legally complex—part of divorce.
Why It’s Costly:
Misunderstanding custody law can lead to:
- Losing decision-making power over your child’s education, health, or religion
- Limited parenting time
- Unintended consequences that hurt your child
Georgia Custody Basics:
- Custody is divided into legal custody (decision-making) and physical custody (where the child lives).
- Judges focus on the child’s best interests, not parental preference.
- Children aged 14 and older may choose which parent they live with.
What to Do:
Be child-focused. Propose a parenting plan that:
- Reflects the child’s needs and routines
- Shows you can co-parent effectively
- Supports emotional and physical stability
5. Failing to Account for Tax Implications
Divorce can dramatically affect your taxes. Many people finalize settlements without understanding the consequences—only to get hit with an unexpected bill later.
Why It’s Costly:
- Alimony isn’t tax-deductible
- Child support isn’t taxable, but only one parent can claim the child as a dependent.
- Cashing out retirement accounts too early can trigger penalties and taxes.
What to Do:
Have a tax advisor or CPA review your:
- Settlement agreement
- Property division (especially if it involves real estate or retirement accounts)
- Dependency claims and filing status
Smart planning now can save thousands later.
6. Neglecting to Document Everything
In contentious divorces, documentation is your best defense.
Why It’s Costly:
Courts rely on evidence, not emotion or verbal promises. Without documentation, your claims about custody, finances, or abuse may fall flat.
What to Document:
- Communication with your spouse (texts, emails, voicemails)
- Parenting time and activities
- Financial records, including bank statements and receipts
- Incidents of abuse, threats, or police involvement
7. Making Major Financial Changes During Divorce
Georgia courts often issue automatic standing orders when a divorce is filed. These orders prohibit certain financial actions until the divorce is finalized.
Why It’s Costly:
Violating a standing order can:
- Result in contempt of court
- Damage your credibility
- Delay your case or cause financial loss
Prohibited Actions May Include:
- Selling or transferring assets
- Changing life insurance or retirement beneficiaries
- Withdrawing large sums from joint accounts
What to Do:
Always check with your attorney before:
- Making large purchases or sales
- Adjusting your estate plan
- Changing financial accounts
If changes are necessary, you may need court approval first.
8. Overlooking Long-Term Financial Stability
Many spouses focus on keeping the house, the car, or alimony—but forget to assess future financial feasibility.
Why It’s Costly:
You might walk away with an asset-heavy settlement but no cash flow—or assume you can keep the house without realizing you can’t afford the mortgage on one income.
Long-Term Considerations:
- Monthly cash flow post-divorce
- Tax liabilities
- Retirement readiness
- Insurance coverage
What to Do:
Work with a certified divorce financial analyst (CDFA) or your attorney to evaluate:
- Real estate vs. liquid assets
- Lifestyle changes
- Future expenses for children (college, healthcare)
A realistic plan today prevents major financial stress later.
9. Using Children as Leverage
Weaponizing your children to hurt your spouse will backfire emotionally and legally.
Why It’s Costly:
- Georgia courts strongly disfavor parental alienation.
- You may lose custody or parenting time if the judge sees you undermining the child’s relationship with the other parent.
Examples of What NOT to Do:
- Badmouthing the other parent in front of the children
- Blocking visitation or ignoring the parenting plan
- Forcing the child to "choose sides"
What to Do:
Support your child’s bond with both parents—unless safety is an issue. Courts reward parents who prioritize the child's stability, not their own vendettas.
10. Rushing or Delaying the Process Unreasonably
Time matters in divorce—but rushing or dragging it out can both be costly.
Why It’s Costly:
- Rushing can lead to uninformed agreements or missed assets.
- Delaying adds to legal fees and emotional fatigue—and may signal bad faith to the court.
What to Do:
Set a realistic timeline with your attorney. Stay responsive to court deadlines, document requests, and negotiations to keep the process moving efficiently.
Bonus Mistake: Misunderstanding Mediation vs. Litigation
In Georgia, most courts require parties to attempt mediation before going to trial. Mediation offers privacy, control, and lower costs—but it’s not right for every case.
Why It Matters:
- Mediation is voluntary and confidential.
- It allows for creative agreements that may not be available in court.
- But it may not work if there’s domestic abuse, a power imbalance, or unwillingness to negotiate.
What to Do:
Discuss with your attorney whether mediation is a viable strategy for your case—and prepare thoroughly if you pursue it.
Frequently Asked Questions About Divorce in Georgia
Can I get divorced without going to court in Georgia?
Yes, if your divorce is uncontested and both parties agree on all terms, you may never need to appear in court. However, the court must still approve the agreement.
How is property divided in a Georgia divorce?
Georgia uses equitable distribution, which means the court divides marital property fairly—not necessarily equally. Marital property includes most assets and debts acquired during the marriage.
Can my spouse stop the divorce?
No. If one party wants a divorce, the court will grant it. Your spouse can contest the terms, but they can’t stop the process entirely.
How long does a divorce take in Georgia?
The shortest possible timeline is 31 days from the date of filing (for uncontested divorces), but contested cases can take several months to a year or more, depending on complexity.
Divorce Mistake Prevention Checklist
Before you finalize any agreement, review these essential points:
✅ Hired an experienced Georgia divorce attorney
✅ Disclosed all financial assets and debts
✅ Considered long-term financial and tax implications
✅ Proposed a realistic and child-focused parenting plan
✅ Documented all relevant communication and records
✅ Avoided emotional or retaliatory decisions
✅ Maintained court compliance regarding assets and custody
✅ Explored mediation if appropriate
✅ Thought through your post-divorce budget and housing
✅ Put your children’s best interests ahead of conflict
Need Divorce Help in Georgia? We’re Here to Guide You.
At The Sherman Law Group, we protect your future by helping you avoid costly mistakes before they happen. Whether you’re just starting the process or deep in a contested divorce, our experienced Georgia divorce attorneys will guide you every step of the way—with strategy, clarity, and compassion.
📞 Call now for a confidential consultation, or fill out our online form. The sooner you take control, the better the outcome.