You should be able to start gathering your spouse’s financial information even before you file for divorce in Georgia, but various limitations may apply. If you are serious about gathering financial documentation in a legally compliant manner, consider contacting an experienced family law attorney before you file your papers.
Some of Your Spouse’s Financial Documents May Be Free to Access
Generally speaking, you are allowed to access some of your spouse’s financial documents before you even file for divorce. This is often a smart idea, and it could be challenging to access the files after you file for divorce. In addition, a greater understanding of your spouse’s financial situation may allow you to formulate more effective strategies during this initial planning stage.
The general rule is simple: If the files pertain to shared or joint accounts, you can access them. Not only that, but you can also make copies or photograph/screenshot them. Examples include statements of shared bank accounts, shared credit cards, joint brokerage accounts, joint mortgage statements, joint tax documents, and much more.
What if your spouse has their own bank accounts, stock portfolios, tax filings, and so on? Under certain circumstances, you may still access these documents. Perhaps you know for a fact that your spouse keeps their tax documents in a specific desk drawer within your home. As long as that drawer is not locked, you can access the documents and take photos.
What about digital files? If the files are on a shared family computer, you may be able to access them and make copies or take screenshots. A family computer falls under the category of a “shared space” according to Georgia family law. However, if the files are password-protected, you cannot access them. Even if you know the correct password, accessing these documents may represent a legitimate cybercrime under Georgia law.
If you and your spouse share a computer but use two distinct, password-protected accounts, you also need to refrain from unauthorized access. Even if you know your spouse’s password, you must limit yourself to accessing files within your login account. Note that even if your spouse’s password is “autofilled” or saved on your computer somewhere, you cannot access protected files or accounts.
You Should Be Able to Access the Remaining Files During Discovery
Even if you cannot access certain files before you file for divorce, there should be plenty of opportunities to do so during discovery. After you file your divorce papers, you can request access to these elusive financial documents as you approach your trial (or during an informal discovery process before alternative dispute resolution). Your spouse may be forced to hand over the documents, even if they want to keep them secret.
Can a Family Law Attorney in Georgia Help Me?
A proactive mindset is helpful as you approach divorce in Georgia, and it makes sense to gather financial documentation before you actually file your divorce papers. That said, you may also encounter serious penalties for accessing certain financial documentation without permission. For further guidance, contact Lankford & Moore Law at (678) 753-4529.
