Legal Question in Family Law in Georgia
I'm about to move out of my house with my husband who is an attorney. We have agreed to a trail separation, but I think he's planning to slap me with abandonment of our joint property so I'll lose my stake in the house. I need to know how to still move out of the house, but not lose my right to our home. Should I file for a legal separation and complete a pendente lite form? We have no children together from this marriage. I'm an Associate Professor and intend to file this pro se before I move into my leased townhouse on the 7th of this month. Please inform me on the best course of action to take to protect myself. Although we've been married for 7 years, we have no joint bank accounts and I have no idea how much money he makes because he hides everything from me.
2 Answers from Attorneys
If you want to be sure to lose the house, file pro se versus a lawyer.
THere is no such thing as legal separation in Georgia. Georgia has separate maintenance (usually a bad move that adds to costs you ultimately will spend) which deals mostly with alimony and child support but isn't too helpful with a home.
There also is no such thing as abandonment of a home, although the party that moves from a home tends to lose it.
See a lawyer. Your unfamiliarity with your options makes pro se all that more dangerous.
If you want to protect yourself, you may want to hire an attorney and file for divorce. During the divorce matter, the attorney will conduct discovery to find your husband's income and other marital assets he may be hiding. Moreover, filing for divorce before moving out of the house will protect you against the claim of abandonment.
If you need additional information, you can contact me by e-mail or phone.
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