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  #1  
Old 11-05-2009, 10:02 AM
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divorce


I live in GA and am planning on leaving my husband of five years while he is out of town. Is there any legal consequences to this for me? No children involved.
  #2  
Old 11-05-2009, 10:17 AM
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Quote:
Originally Posted by tinktinkrn View Post
I live in GA and am planning on leaving my husband of five years while he is out of town. Is there any legal consequences to this for me? No children involved.
Not simply because of leaving. If there were any children, it could be a different matter.

There are other issues to consider - do not take any property which clearly belongs to him. Ideally, don't even take any marital property until you've filed for divorce and gotten a court order on its division or at least have an agreement on what you can take. Do not cancel any insurance that is currently in place. Do not buy any real property until you've actually filed for divorce (if you can avoid it, it may make your life simpler if you wait until the divorce is final, but that's not an absolute requirement). Do not hide or squander marital assets.
  #3  
Old 11-05-2009, 10:30 AM
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Originally Posted by mistoffolees View Post
Not simply because of leaving. If there were any children, it could be a different matter.

There are other issues to consider - do not take any property which clearly belongs to him. Ideally, don't even take any marital property until you've filed for divorce and gotten a court order on its division or at least have an agreement on what you can take. Do not cancel any insurance that is currently in place. Do not buy any real property until you've actually filed for divorce (if you can avoid it, it may make your life simpler if you wait until the divorce is final, but that's not an absolute requirement). Do not hide or squander marital assets.
Nice to see that you have done some research regarding this issue.
  #4  
Old 11-05-2009, 10:40 AM
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Quote:
Originally Posted by mistoffolees View Post
Not simply because of leaving. If there were any children, it could be a different matter.

There are other issues to consider - do not take any property which clearly belongs to him. Ideally, don't even take any marital property until you've filed for divorce and gotten a court order on its division or at least have an agreement on what you can take. Do not cancel any insurance that is currently in place. Do not buy any real property until you've actually filed for divorce (if you can avoid it, it may make your life simpler if you wait until the divorce is final, but that's not an absolute requirement). Do not hide or squander marital assets.
I disagree slightly with this advice. It is acceptable to take 1/2 of marital assets, and only 1/2. However, you will need to be cognizant of the fact that you will have to account for any marital assets that you take. So you need good records regarding what you have taken, and good records regarding what you did with those assets.
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  #5  
Old 11-05-2009, 10:54 AM
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Originally Posted by LdiJ View Post
I disagree slightly with this advice. It is acceptable to take 1/2 of marital assets, and only 1/2. However, you will need to be cognizant of the fact that you will have to account for any marital assets that you take. So you need good records regarding what you have taken, and good records regarding what you did with those assets.
With no order in place she can move the whole house to CA if she wants to.
  #6  
Old 11-05-2009, 11:13 AM
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Originally Posted by Bali Hai View Post
With no order in place she can move the whole house to CA if she wants to.
What she CAN do, no matter how foolish, is very different than what is wise/safe to do.
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  #7  
Old 11-05-2009, 11:26 AM
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Originally Posted by LdiJ View Post
What she CAN do, no matter how foolish, is very different than what is wise/safe to do.
I've seen women clean out the whole house including the mouse traps and it proved to be very wise and safe to do.

The court will look the other way, but if OP was a man, I would advise him to be extremely cautious, not that it would do him any good.
  #8  
Old 11-05-2009, 11:29 AM
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Originally Posted by Bali Hai View Post
I've seen women clean out the whole house including the mouse traps and it proved to be very wise and safe to do.

The court will look the other way, but if OP was a man, I would advise him to be extremely cautious, not that it would do him any good.
i would have left the mouse traps.
  #9  
Old 11-05-2009, 11:50 AM
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Originally Posted by IsabellaSoriano View Post
i would have left the mouse traps.
Ok, I'll bite; why would you have left the mouse traps?
  #10  
Old 11-05-2009, 12:06 PM
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Originally Posted by Bali Hai View Post
Ok, I'll bite; why would you have left the mouse traps?
well, i won't need them. i'm not taking the mice with me too!
  #11  
Old 11-05-2009, 12:17 PM
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Originally Posted by LdiJ View Post
I disagree slightly with this advice. It is acceptable to take 1/2 of marital assets, and only 1/2. However, you will need to be cognizant of the fact that you will have to account for any marital assets that you take. So you need good records regarding what you have taken, and good records regarding what you did with those assets.
I don't disagree. That's why I said 'IDEALLY, don't take any marital assets'.

She can do it, but it's a lot more hassle. I certainly would talk with an attorney before taking the marital assets and would also be prepared for it creating a fight, but it can be done.
  #12  
Old 11-05-2009, 12:36 PM
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Originally Posted by isabellasoriano View Post
well, i won't need them. I'm not taking the mice with me too!:d
rotflmao!:d
  #13  
Old 11-05-2009, 05:44 PM
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Have you accepted co responsibility for any mortgages, vehicles or rental agreements? Those responsibilities continue whether you are there or leave, as the creditors are not a party to your relationship issues and choice of housing locations. If they have creditor agreements with you, those agreements continue even if you choose to not be there.
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