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If the marriage has failed because of the adultery of a party, the party committing the adultery and causing the divorce by the adultery, is barred from receiving any alimony. Mack v. Mack, 234 Ga. 692 (217 SE2d 278) (1975); Byers v. Byers, 225 Ga. 263 (167 SE2d 640) (1969); Brown v. Brown, 217 Ga. 671 (124 SE2d 399) (1962); Hyndman v. Hyndman, 208 Ga. 797 (69 SE2d 859) (1952). In such a case, only her conduct is relevant. Hudson v. Hudson, 189 Ga. 410 (5 SE2d 912) (1939). Therefore, it is clear that conduct may be relevant to alimony under the fault concept of divorce, where the husband is awarded a divorce due to the fault of the wife in causing their separation.

Adultery by the wife has been a long-standing defense to a suit for alimony. Williams v. Williams, 114 Ga. 772 (40 SE 782); 22 Mercer L. Rev. 156 (1971). The underlying assumption is that alimony arises out of the obligation of the husband to support and maintain his wife. If she causes the marital relationship to cease then she is not entitled to alimony payments by him.

Adultery, desertion, cruel treatment, or habitual intoxication can be some of the factors that come into play when dividing marital property. A Court can consider behavior, including adultery, as one factor in its decision-making process where equitable division of property is in issue. Bloomfield v. Bloomfield, 282 Ga. 108, 646 S.E.2d 207, 2007 Ga. LEXIS 421, 2007 Fulton County D. Rep. 1703. The conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible.
In Dekalb County Georgia, Douglas County Georgia, Fulton County Georgia, Cobb County Georgia, Gwinnett County Georgia, and anywhere within the State of Georgia the 13 rounds divorce for divorce are contained within O.C.G.A 19-5-3. Most divorces are granted based on O.C.G.A 19-5-3(13) the marriage is irretrievably broken, by agreement of the parties. A divorce granted on either O.C.G.A 19-5-(6) Adultery in either of the parties after marriage; or O.C.G.A 19-5-3(7) Willful and continued desertion by either of the parties for the term of one year will preclude an award of alimony. If your spouse cheated on you and that affair caused the divorce, you should not consent to a divorce based on O.C.G.A 19-5-3(13) unless the spouse who committed the adultery expressly waives their claim to alimony. A spouse who has cheated on you and is also seeking alimony from you is playing hard ball; and you need a heavy hitter to protect you. You need My Cousin Danny. Call now to discuss your case. 470-275-1500

Common Legal Questions

How do I file for divorce?

A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.

How long before I get my license back?

It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you.  As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years.  Call to discuss the specifics of your case.

What Can i drive with a DUI?

Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.

Can I get 50/50 Custody?

In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with.  Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children.  However, it is possible to have 50/50 joint legal and physical custody.

How much does a divorce cost?

There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce.  Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues.  High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets.  Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.

Can i leave the state with my kids?

A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement.  Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.    

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