Legal Question in Family Law in Georgia

Is my wife cheating

My wife and I live in Georgia. She recently told me that she wanted a divorce and asked me to move out. We wrote our ow ''sparation agreement'' and had it notarized. We have not filed it anywhere. About a week after moving out my wife began dating someone new. My question is this: Since we are not legally separated is she committing adultry? I am orried about the custody of our daughter when we go to court. I do not want my daughter living with a philandering and partying woman. Do I have a case for primary custody if I prove adultery?


Asked on 2/08/07, 5:59 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Is my wife cheating

You need a lawyer. Agreements you write that are not approved by a court are not valid, and it is highly unlikely that you wrote one in compliance with the new law anyway.

You ask about adultery. Adultery is a ground for divorce ONLY if it causes a separation. It may or may not be pertinent to custody.

Again, it was a major mistake to write your own agreement, and you need a lawyer.

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Answered on 2/08/07, 6:49 am


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