My husband and I want to file for divorce after 18 years of marriage. We have (2) children ages 18 and 17. So far amicable. He wants to be the petitioner and was going to originally file on the no-fault. I did commit the act of infidelity, and he has lots of proof of that, and I won't deny that. He now wants to file on the fault ground of aduletry. It is mostly being done to protect as much of his 401K and not to pay alimony. I get that. He makes over 75K a year, I have worked part-time to stay at home with the kids. I make 20K. We have lived together since the infidelty.
I want this over with and to move on. I realize I will not get alimony, and my chance to support myself would be some kind of settlement with our other assets. I won't fight a thing. Is this logical?
Thank you all for your answers. I did not add the below. Believe it or not I am college educated and work for the Cobb County School Systems. I just want this over: He also wants to at settlement subtract the amount of our second mortgage against the cash payout of the 401K. He is paying for the lawyer you will obviously represent him,and not me.
Divorce / Separation Lawyer
You need to retain counsel.
Adultery does not prevent a claim against the 401K. It may or may not, depending on the details, affect alimony.
You may have more rights than you think.
I agree with my colleague. You should hire an experienced family law attorney in your area. You make significantly less than he does. Therefore, make sure you understand your rights before you sign anything.
This answer is not intended to be legal advice. This answer is general in nature and does not create an attorney-client relationship. If you wish to create an attorney-client relationship you should contact an attorney and formally discuss the specifics of your case.
The laws governing permanent alimony and temporary alimony are very different. It is not a foregone conclusion that you cannot get permanent alimony. However, even if the facts of your case would not allow you to get permanent alimony, you could still get temporary alimony while the case is pending. It could be pending for quite a while as you are trying to resolve the issue of equitable division of property. You definitely need the services of an experienced family law attorney in this matter.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.