Georgia Divorce Legal Questions

You can possibly claim adultery. It just depends on what you can prove and how you believe it would affect the outcome of the case. There is not always a huge benefit in filing for divorce on grounds of adultery. It might, however, be relevant in distribution of property or other issues. It just depends on the facts of the case and what the issues are.... Read More

The short answer is it just depends. You will have to do a child support worksheet to see what the amount for both parties should be. The worksheet may actually show no child support is owed based on your incomes. Most likely, however, if neither party wants child support you will have to agree to a deviation that shows why it's not necessary. If it's uncontested, you can generally reach an agreement for no child support as long as the judge agrees it's in the best interests of the child. ... Read More

you can always request alimony, and the court will consider all the circumstances such as his income and the conduct of both parties that led to the separation. there is no guarantee you would be entitled to it, but it sounds like you have a good argument. the question will be how much "other income" does he have. if you haven't already, a lawyer will help you file for divorce and request alimony from him. you can schedule a hearing in front of a judge to determine whether he will have to pay.... Read More

It is recommended that you and your wife agree to a visitation schedule before filing. You may ask the clerk's office if there is a standard visitation schedule in your county. The judge may be willing to propose a schedule, but they usually expect the parties to have that worked out beforehand and a written parenting plan prepared. Hiring a lawyer will make the process a lot smoother.... Read More

Sorry, but this is difficult to answer. If you have a lawyer currently, you need to make sure they understand the situation and ask them what the options are. If you have not had a hearing in the case, you may be able to schedule a hearing in front of the judge to claim you cannot afford to support her. Generally speaking, however, these disputes are common in divorces and just have to be handled in court.... Read More

That is very difficult to answer based on that information. At the least, you would be entitled to seek an equitable division of property, if there is any marital property owned between you. A court would look at factors like the income of both parties and the conduct of the parties during the marriage. It is also not clear what you would be asking in regards to custody of the child and/or child support. If you are serious about seeking a divorce, you should probably contact a lawyer to go into more detail with and get further advice.... Read More

Yes, you are entitled to retirement. Most people believe that you have to be married 10 years with at least 10 of those years the service member having served; however, this rule only applies to DEFS directly paying the spouse and has nothing to do with entitlement. You are entitled to military retirement as a property division no matter what. The question is, how much of a percentage (capped at 50%) are you entitled to?... Read More

Fixtures, such as ceiling fans, lights, etc.,  belong to the ex-spouse who was awarded the marital property.  This is basic property law.  If you were awarded the house, all of its fixtures belong to you as well, unless otherwise expressly agreed. Additionally, there is a rule of Georgia law that any property not dealt with in the divorce agreement/judgment is presumed to have been separate non-marital property.   Your form legal recourse is sue your ex-spouse for damages and a contempt action.  You may also have a criminal action for trespass, if your ex-wife accessed the home without permission and perhaps a criminal action for conversion of property.    Best regards,     Susan D. Taylor, Esquire Rome, Georgia  ... Read More