Legal Question in Family Law in Georgia

Battered,tired,and need to know my rights

i want a divorce. i left him. beat me for 5 yrs. havent worked too much throughout the marriage. i cant afford an atty.what am i entitled to? pension ? i dont want much, just help starting over. also a college student. very very tired


Asked on 11/07/05, 8:10 pm

2 Answers from Attorneys

Eric Ballinger Ballinger & Associates

Re: Battered,tired,and need to know my rights

There is a lot to consider.

As a victim of domestic violence you are entitled to Family Violence Protective order if you are in fear that violence is likely to occur in the future. Many local family violence agencies will provide assitance to help you get a protective order.

You may be entitled to some alimony. Alimony is calculated based on two competeing factors. Your need and your husband's ability to pay. In your situtation, I am sure you have a need, but whether he he has any money to pay alimony. Based on the length of the marriage, alimony would be only for a very short rehabilitive period. At best, you would only recieve alimony for a couple of months if you recieve any at all.

Your case may be more that you can handle on your own. I suggest that you speak with an attorney and review all of the facts. Many attorneys are willing to accept cases like this for a small retainer in hopes of being awarded attorney's fees from the husbands. There are a lot of factsors to consider in your case. Far too amny to address in a brief e-mail.

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Answered on 11/07/05, 10:56 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Battered,tired,and need to know my rights

You need to at least consult with a local attorney who can spend the time to develop all of the facts of your situation with you. It may be that you are entitled to alimony but that will depend on an analysis of both of your financial situations.

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Answered on 11/08/05, 5:16 pm


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