Legal Question in Family Law in Georgia
Divorce/Alimony
I have been married for 27 years and have recently admitted to an affair lasting 5 months. Is there a time limit for my wife to use that as a reason for divocing me? Also, is there always alimony in this type of case and is there a standard formular for figuring it? i.e. length of marrage, quality of like, my income? My wife has worked part time for years but does have a minor medical problem. Also our kids are grown and have left home.
If adultury wasn't used as a reason for divorce is everything slit 50/50 ?
3 Answers from Attorneys
Re: Divorce/Alimony
The most certain thing about a divorce where issues of alimony and adultery are involved is that one needs to be represented by an attorney. There are no standard answers to the questions that you ask and making educated guesses requires access to a wealth of information. Consult an attorney without delay.
Re: Divorce/Alimony
There is no "time limit" under the law but there are several factors that come into play in dealing with adultery issues. Alimony, while less common than it used to be, is found most frequently in marriages of long duration and when there is a disparity in the income of the parties. In Georgia assets (and liabilities) are split "equitably" but often means 50/50, with or without the adultery.
Re: Divorce/Alimony
Adultery does not prevent you from receiving an equitable division (not necessarily equal) of marital property. Adultery can be a factor but not a bar in equitable division.
Alimony is not based on any specific guidelines or formula, but a list of statutory factors such as length of marriage, differences in income or employment history, educational background, separate property, etc.
You should definitely speak with an attorney about your rights and what you should reasonably expect in a divorce case.
For more information, please see my blog at http://www.gafamilylawblog.com/alimony/index.html and http://www.gafamilylawblog.com/equitable_division_of_marital_property/index.html