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Can my husband throw my things out just because I said I want a divorce? We live in Lawrenceville, Ga.

Lawrenceville, GA |
Filed under: Divorce

We have been married 4 years and have just moved to Georgia. I understand I can't file until I have lived here 6 months.

Attorney Answers 2


Your Husband is not entitled to damage your property or "throw your things out" of the marital home because you have requested a divorce. Did he ruin anything? Are you afraid for your personal safety? If you are afraid for your personal safety, you should seek a protective order. Further, neither one of you is more entitled to remain in the marital home. Just because you are the one to request the divorce does not mean that you will automatically be the one to leave. You are correct that you need to have lived in GA for 6 months before you can file for a divorce in GA. However, that does not mean that you have to sit on your heels and do nothing towards obtaining a divorce for the whole 6 month period. You should consult with an attorney about the specifics of your case. Many firms, like mine, offer free initial consultations. With the help of an attorney, you and your husband may be able to reach an agreement about the terms of your divorce so that as soon as the 6 month period has lapsed, you wouldn't just be starting the process, you would be filing an uncontested divorce package, including an agreement settling all issues between the two of you.

This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone.

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Your husband (or anyone else) is not entitled to "throw your things out" just because you want a divorce. If he has damaged your property you have claims against him and are also entitled to have these addressed in the divorce proceeding. You are correct that you have to have resided here six months before you can file for divorce here but there is much you can be doing in the meantime to prepare for the divorce including figuring out what your assets are, whether there are any custody issues, etc. You didn't indicate whether you have children or not. You should consult with an attorney who can advise you on how to proceed and look for one who is willing to discuss the particulars of your case with you regarding your finances so that you don't get to the end of the divorce and discover you have a bill you weren't expecting for attorney fees.

This posting is for informational purposes only and may not be deemed to create an attorney client relationship. If you wish to discuss the particulars of your case with one of our family law attorneys, please contact us in private.

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