Can I Change The Locks?

A separation is imminent. Or maybe you just want your partner out of the house. Now. Can you just change the locks?

That would be the easiest thing to do. But it might not be the best thing to do. Think it through before you act. If you change the locks, how will your partner react? If you aren’t willing to bet me $1,000,000 that your guess will be correct, then you probably shouldn’t change the locks.

Let’s say that you are pretty confident; or that you just want to do it anyway. Here are some possible reactions that you can expect:

Your Partner Stays Away. Rather than deal with it, your partner might just stay away and take up with parents, friends or a new significant other. Sounds like a victory, doesn’t it? Well, it might be short-lived. If you end up in the courtroom, you should expect that the “changing-of-the-locks incident” will be brought up, exaggerated and paraded around the courtroom in an effort to make you look like the bad guy who “kicked [your partner] out of his/her home!!” You risk tarnishing your image with the judge, unless you can persuade the court that you had very good reasons to act unilaterally (eg, without the judge’s consent).

The Impact An Affair Will Have On Your Divorce

 

My clients often want to know the legal implications of their situation; however, the ramifications always go far beyond the law. An understanding of the law is a good place to start, but it should not be the end of the analysis.

Legalities. A party’s infidelity during the marriage will most likely impact several aspects of their divorce. Let’s start with alimony or spousal support. In Georgia, a “party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion.” Official Code of Georgia, § 19-6-1 (b) (2015 Edition). In other words, if you cheat, and your partner proves that your cheating caused the separation, then you will not be entitled to alimony at all.

Regarding division of property, Georgia judges are required to divide property equitably, which is different from equally; it means by deciding what would be fair. To help that determination, “the conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible” (Wood v Wood, 283 Ga. 8 (2008)). Bottom line: proven adultery will most likely be factored into the equation when things are being divided.

Here’s How To Get The Documents You Need

Both you and your partner are going to need the same information during your divorce. You can find a checklist of the most usual documents here. Ideally (let me just throw out the possibility), the two of you will cooperate and share the information. But if you’re just not at that place in your relationship at the moment, here are some other ways to find the documents you need.

Your File Cabinets. At the risk of stating the obvious, this is the most likely place to start and it is your most cost-effective, efficient option. Most everyone has a place where they keep their important papers, and in all honesty, a lot of unimportant papers too. Hats off to the more organized among us! If emotions or stress levels are high, you might want to wait until your partner is not home to conduct your search.

What Information Do You Need to Gather?

Remember the Scout motto? Be Prepared!

Preparedness is everything, in life and in a divorce. Your most important job is to get yourself ready and positioned for the best possible outcome. Some people think their attorney will do all of the work, but the reality is that your attorney prepares and advises you based on the information that you provide. It’s the same when your CPA prepares your income tax returns based on the information you provide.

Professionals can help educate and guide you, but the success of their work is based largely upon how well you do your part. If you do a bad job, then you will not get your best result.

In order to divorce, you will need to provide certain information. This is true whether you use the information to help negotiate a settlement, or if you end up using it in a court battle. In my experience, the more prepared you are with relevant information, the more likely you will be able to reach an agreement and be confident in the result. If you are unable to settle, then you will be more than ready to make your best case in the courtroom.

In law school, we were taught that we should spend approximately 4 hours outside of the courtroom preparing for every 1 hour we would be in the courtroom. And it’s no different for our clients.

Here’s the basic information you should start gathering. There could be more depending on your individual circumstances.