What Is the Best Time to File for A Divorce in Georgia?

What Is the Best Time to File for A Divorce in Georgia?

A divorce in Georgia can become extremely challenging since it can lead to emotional damages and financial problems. Respectfully parting ways when the relationship doesn’t seem to work is appropriate and saves from future difficulties. However, the legal complexities that come along with the divorce process require assistance from an experienced professional.

Most importantly, your legal representative will guide you thoroughly through the legal complications while providing you the best legal options that you can opt for. According to the law of Georgia, in case of a divorce, the property is fairly and equally distributed among the individuals. Often, the property that is only owned or earned during marriage is subject to division during divorce.

A divorce filing process includes several problems that need to be addressed effectively. It is necessary to have open communication and look for common grounds even at the time of disagreements. Problems may include property distribution, child custody, debt payments, parenting arrangements, and the financial capability of each partner, among others.

When it comes to looking for the best time to file a divorce, there likely there won’t be any best time for it. However, the circumstances at the time when you plan to file for divorce are particularly significant in your settlement. You should be completely aware of these circumstances and the possible outcome of each variable that could impact your divorce.

As of 2018, the divorce rate per every 1,000 individuals was 2.9 in the U.S.

What Are the Factors that Can Affect the Outcome of a Divorce in Georgia?

Following factors can directly impact the decision of your divorce in Georgia:

Employment Status:

Alimony can be directly affected by your or your spouse's employment status. If you plan to receive alimony and your spouse is currently unemployed, this may not be an appropriate time to seek alimony. Instead, it is better to wait until your spouse is employed and in a financial position to support alimony.

Children’s Age:

At the age of 14, children can decide for themselves in terms of the custody decision. They can sign election affidavits as well as additional modifications. In Georgia, the courts effectively consider a child’s election in an affidavit while deciding the custody. If you are filing a divorce and your child wants to live with you, and he/she is about to turn 14, then you can wait until they reach this age to file for a divorce. This may assist your custody case positively.

Mental Stability:

Before initiating your divorce proceedings, it is essential to be emotionally and mentally stable. This helps in understanding the right perspective. In a depressed state of mind, you may take decisions in anger or you may act to resolve immediate problems. This could make things further complicated in the divorce process. Having a clear mind will let you make accurate decisions for yourself while actively understanding the future implications of your decision.


The state law allows equal distribution of assets acquired during the marriage. If your spouse made financial investments for which the payments are pending or deferred then it is appropriate to wait until the assets are vested accurately before filing for a divorce in Georgia.

Hidden Money:

It is vital to discuss any asset or money that your spouse is purposely hiding with your divorce attorney. The legal implications of such assets and how you can legally protect those assets will be advised by them. Usually, in Georgia, the court provides a standing or freeze order to prevent people from dispositioning assets from the marital estate. A person may claim the asset was not acquired during the marriage.

Impact of Taxes:

It is beneficial for the married couple to wait until the end of the year to apply for an exemption. It is advantageous to wait till the beginning of New Year to finalize the divorce proceedings. You can apply for the joint exemption at the end of the year. You will be able to save a significant amount depending upon the tax bracket you fall in. It is appropriate to calculate the tax amount and the amount can later be shared between partners or it could be provided to the financially unstable partner.

Why Do You Need a Qualified Attorney to File a Divorce?

A qualified and experienced attorney will guide you through the process while eliminating your fears regarding divorces in Georgia. Our professional team will support you in effective decision-making while educating you about the factors that could negatively impact your divorce outcomes. We have the time to compassionately look into each case. We will be protecting your rights and will focus on attaining a suitable settlement for your case.