Legal Question in Family Law in Georgia

Possible contested divorce and housing situation

1. My oldest daughter (20), told me that her father has been molesting her since she was a minor. We have seperated and I'm preparing for divorce. My husband says that he will not contest the divorce and will help pay for the divorce if I wait 6 months and will help pay for it. However he promises to contest the divorce and make me pay for the entire proceedings if I do not wait 6 months before filing. What can I do?

2. I must rent an apartment. How can I get out of a lease agreement so that I can move into my house when it is ready in 3 months?


Asked on 9/04/03, 9:14 am

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Possible contested divorce and housing situation

1. This sounds like an empty threat. It is very doubtful that he can "force" you to pay all expenses unless only you have money. Normally, each party ends up paying their own expenses, so I would not be intimidated by this. However, his offer to pay all expenses if you wait 6 months sounds enticing. Get him to put it in writing, and have it notarized in the form of an agreement. While it will not be enforceable as a contract (because you are still husband/wife), the court may take it into account in deciding what is equitable as to fees, costs, etc. I'll bet he refuses to sign it, in which case there is no point to waiting.

Cannot answer 2 without reviewing the rental agreement/lease, but it is very unlikely that you can get out early just because you bought a new home. Carefully review your agreement/lease to see if there are any escape clauses. If there are none, contact your landlord, explain your dilema, and see if he will put it up for rent early on your account. You could also try buying your way out early. Get any such agreements in writing if you can.

I handle divorces. If you need assistance in this matter, feel free to contact me at [email protected].

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Answered on 9/04/03, 9:25 am


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