I want a divorce, but I don't know the Georgia family law, please help me

I’m 37, a former nurse, married to John have two children: Steve, age 6 and Katie, age 11. We have been married for 15 years and we were happy for about 10. 5 years ago John left his company and started his own business what turned out to be a success but with harm to our family life. He started to neglect our children and me. I tired of being alone all the time cheered myself up in the arms of our neighbor, Jake. When John had found out that I’m cheating on him, he filed for the divorce.
John wants the kids to stay with them, he wants to keep the house. He claims that I should get back to work and pay him alimony and child support for kids.
I agree to getting a divorce(non-fault).I want my kids and the alimony from my husband.
Who is entitled to alimony, can get the child support?
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Answers (3)

Patrick Lehmon Meriwether

Patrick Lehmon Meriwether

Contributor Level 3
Who is entitled to alimony?
Alimony is awarded based upon a number of factors. But, before you can get to that analysis, you have to determine if you will be entitled to alimony based upon the defense of adultery. Based upon your facts, you will have a difficult time proving that adultery was not the cause of the divorce. Adultery is a bar to alimony in Georgia. If you are able to overcome that bar, then the Court looks at ones needs verse the other's ability to pay in determining alimony. Passed that analysis, Georgia divorce law does provide a list of more specific factors for a judge to consider when awarding alimony:

1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, physical and emotional condition of the parties;
4. The financial resources of each party;
5. Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
7. The condition of the parties, including the separate estate, and earning capacity; and,
8. Such other relevant facts as the court deems equitable and proper.

While these factors serve as general guidelines for a court to use when analyzing whether to award alimony, they are not hard and fast rules and obviously leave a lot of room for a judge’s discretion in any particular matter.

Can I get child support?
The person who is awarded primary physical custody is the one awarded child support. Based upon your facts, your battle will be over who wins primary physical custody. That analysis is very indebt and you would be best served meeting with a lawyer directly to answer that question.
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Glen Edward Ashman

Glen Edward Ashman

Contributor Level 6
In addition to what Patrick said about alimony, much of the rest of the case revolves around custody. Custody decisions, unless you agree, are going to be dependant on the detailed facts of the case. There also will be issues of child support and property division.

If he has already filed, you need a lawyer immediately. There are deadlines in a divorce case, and should you miss some, the outcome of the case may be affected.
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Christopher T. Anderson

Christopher T. Anderson

Contributor Level 5
So the point isn't missed, I will begin with the most important thing I can tell you based on the facts you present: You must consult with and hire a lawyer to represent you. Now! A good lawyer will not judge you, or prejudge your case or what will happen, but will ascertain the facts and advise you on your options and the best way to proceed.

Your husband is angry, and you may be feeling guilty. You need a competent attorney who can dispassionately advise you, take up your cause, and help guide you in making the best decisions for you and your children.

Alimony may or may not be a factor in this case, and child support will be dependent on custody of the children, and then your relative incomes.

You have much at stake here, and need guidance. Please find a competent attorney to assist you.
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Christopher Anderson,
Timmons, Warnes & Anderson, LLP
http://www.classiccitylaw.com/Bio/ChristopherAnderson.asp
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