Back To Divorce Tip Basics: Documenting Everything!

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Okay, okay!  I realize that this is not merely a divorce blog about celebrity divorces and separations!  Instead, I know that I am only an Augusta, Georgia divorce attorney who primarily focuses on writing about practical divorce tips for you to discuss with your own divorce lawyer!  Maybe I have just gotten too carried away, recently, by all the big news reports coming out of California about the separation of former Governor Arnold Schwarzenegger and his spouse, Maria Shriver!

But today, let's get back to basics!  Let's talk a little bit about the importance of documenting things while you are going through a divorce.  (Of course, this post assumes that you have a private, secure place to make and keep a journal.  Please first ask your own divorce lawyer about this issue before you do anything.) 

For example, let's assume that you and your worthless spouse, "Sluggo," are going through a series of problems dealing with child visitation.  The point here is that you should regularly document each of these problems in a journal, notebook, or some other writing.  For instance, if Sluggo tells you, on Wednesday, that he will pick up the little darlings on Thursday, and then he fails to do so, and he doesn't even call you, then you should write it all down.  Document it!  Later, you can show your journal to your divorce lawyer.  And don't you see the potential benefit?  The important benefit is that, if you, unlike Sluggo, have documented, by date, each problem, or confrontation, then later, when you get to court, your attorney might very will be better prepared to prove your side of the case!

Can't you visualize your divorce attorney grilling your spouse on cross-examination?  "Mr. Sluggo, isn't it true that, on February 12th, you agreed to pick up the kids on the 13th, and then you failed to show up?"   

So, please consider, with your divorce lawyer, the idea of documenting all your encounters, or problems, with your spouse!  Now, I wonder if there is anything else new in the Schwarzenegger separation!

Divorce v. Separation: Some Practical Tips To Consider

Let's assume that you and your worthless spouse, "Sluggo," are definitely headed to "splitsville." The only remaining question, as far as you are concerned, is whether to go ahead and file for a divorce, or, instead, simply to try a separation, (and file a separate maintenance action). What should you do?

As divorce lawyers in Augusta, Georgia, we should tell you, first of all, that each situation is different and that one size does not fit all! In other words, you should sit down with your own divorce attorney to discuss the pros and cons in your particular situation.

But here are some practical tips to consider and to discuss with your divorce lawyer:

1. REASONS FOR DIVORCE:

(a) If "Sluggo" is presently in a cooperative, "signing" mood, then it might be good to go ahead and get him to sign a generous settlement agreement now;

(b) Why pay for two legal proceedings, (separation and divorce), when you can go ahead and pay for just one, (divorce); and

(c) Going ahead and getting a divorce might give you peace of mind, sooner rather than later.

2. REASONS TO SEPARATE:

(a) If you are having health/medical problems, and you are on your spouse's health insurance plan, then this might be a good reason to simply file a separate maintenance action, so you won't lose health insurance coverage; and

(b) If you don't want to have to sell your house right now, because, for example, you want your child to have time to graduate from a particular school, or because the housing market is so lousy in your area at the present time.

Again, each situation is different and this list is not all-inclusive. There are many other factors which might be relevant in your case. Please be sure to discuss the pros and cons of separation versus divorce with your own divorce attorney!