Legal Question in Family Law in Georgia

Hi, I'm looking for some advice on a potential separation with potential to lead to divorce (neither of which I want and hopefully won't happen).

The situation: My wife and I have hit a bad phase of our relationship and are caught in a cycle, we are thinking of separation to let things calm down. There is no substance or personal abuse, no infidelity either. Marriage counseling has not helped and my wife isn't in a place where she wants to work on the relationship right now. She can only focus on the now and not the future. We have had a couple of heated discussions where separation and divorce came up. We don't want to do anything drastic and do love each other, kids, etc. Just not 'in love' right now and the way we have been acting/talking, we don't even like each other right now. We have discussed taking a break/timeout from each other so we can let things cool off. Currently gonna live in the house in separate bedrooms for a month or so. Will work together on the house, kids, etc, be nice to each other, appreciative, etc. Just limited social time. Affection and intimacy have been out the door for about a year now (not completely but extremely rare).

We live in Cobb County, GA. I am the sole financial provider, she is the primary caretaker of our children, we have a nice house (in both our names), two young daughters, etc. I have no relatives close by. She has a mom whom she is VERY close with in the next county (room for her and the kids, she owns her house no mortgage, but different county, schools, etc). Kids don't know anything yet and we're not sure what our direction is yet either. Only debt is the mortgage. All accounts are joint. Financially moving out would be a burden not to mention that I'd be the one to go; removing me from my house, environment, kids, etc.

"IF" we split, we have discussed that we would want to do it amicably knowing that we are connected for life due to the kids, etc. Would rather mediate than exhaust money on a legal battle.

My wife already expects that she'd have primary custody of the kids and I could see/spend time with them whenever I want. She is a great mom. Heck..she's a great person!

So my questions are around my situation and potentials on what to do at each phase if this progresses and I'm feeling like I am totally at a disadvantage...

Am I at a disadvantage? Anything to keep me from being at a disadvantage?

Is there anything I should consider prior to/for separation. Legal, financial, accounts, kids, life, etc.

Am I at a disadvantage if I leave the house to live someplace else?

Can I make her go to her mom's with or without the kids?

If we divorce, what about insurance, my work benefits, etc?

Can the kids stay on my benefits if she has primary custody?

Are there guidelines for alimony and child support based on my earnings, benefits, etc?

Any financial implications if one person wants out and the other doesn't?

What about dating other people, restarting my life during a separation?

Any other advice or considerations would be helpful too.

Thank you

Signed, not quite ready to rock the boat...but the waters are getting rough!


Asked on 7/12/10, 11:42 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yours is a situation where paying for an hour of attorneys time would be helpful. Many of your questions require more details to properly answer.

I do handle cases in your county and would be glad to meet with you.

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Answered on 7/12/10, 4:33 pm


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