Legal Question in Family Law in Georgia

Can I legally make my wife move out?

My wife and I have been married 15 years. We have two boys, 10 & 5. In retrospect I see that she has battled with alcohol abuse as long as I have known her. It has gotten progressively worse and, simply put, I can not live this way any longer. I make the major $, but she has recently gone back to work...since she has, she is rarely home anymore. She lies to me, she is deceptive, she has become a ''nightmare'' to live with. I work from a home office and I am taking care of our children...pick them up from the bus, dinner, baths, homework...everything. I can not get my wife to seek treatment, though she will admit her problem. I want a separation (I would prefer she get treatment, but will divorce if she will not take responsibility for her disease). I want her to move out. It would be the least disruptive for our children, and I fear that she can not control her drinking and could be a danger to herself and our children if I am not there. Although I am afraid of ''he said-she said'', I can produce 3rd party evidence and character witnesses to back me up. What can I do?


Asked on 11/07/05, 10:27 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Can I legally make my wife move out?

You should consult with a local attorney about an action for "separate maintenance". This is exactly like a divorce in terms of child custody, child support/alimony, division of property, etc. (It is not used very often, but some people use it for religious reasons.) If she doesn't straighten up, it can be converted to a divorce. Also, if she does straighten up, it can always be dismissed without penalty, except for what you have paid for the filing fee (about $105.00).

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Answered on 11/07/05, 4:50 pm


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