Legal Question in Family Law in Georgia

a man and woman are married for 3 years, everything is in her name, car, house and most bills, they have no children and she found out he was cheating on her, she has proof, but it's a year or so old. he wants a divorce, what would be the outcome?


Asked on 12/01/09, 10:45 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Nothing in your post helps much to predict an answer, and since the answer would vary from judge to judge and jury to jury, even more facts wouldn't allow a definitive answer.

Many other factors, including the incomes of the parties, their education, other misconduct, valuation of the assets and date acquired would affect an answer.

The only predictable part is that if he wants a divorce, he should end up with one.

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Answered on 12/06/09, 10:55 pm
Paula McGill Attorney at Law

If he files for divorce, she can file a counterclaim for adultery. There are certain defenses for that ground. In any event, if the wife came into the marriage with the assets, with few exceptions, she will leave the marriage with those assets.

As far as marital assets/liabilities, Georgia is a equitable division state. Therefore, there are several factors that will determine the assets/liabilities split.

Both parties should retain an attorney. This is true, even if it is an uncontested divorce.

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Answered on 12/07/09, 3:13 pm


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