What is the name of your state? Georgia
Married 11 yrs no children
I've alsways been the bread winner (bought the first house B4 we were married). My husband had several businesses/self-employed that all failed. In the past 3 years he's had 14 "real" good paying jobs, but hasn't been able to hold any for more than a few weeks. In April I figured out the problem: arrested for posession and distribution of class II drugs--I didn't have a clue. To make a LONG story shorter, over the next 6 months he was arrested two more times for drugs, plus a variety of other charges.
After a lengthy discussion with my attorney regarding my husbands drug problem, I filed for divorce in December (signed the papers authorizing my attorney to file). He was served in December but chose on to respond within the 30 days. In January he was back in jail and said he would "sign anything", so I had my attorney draw up an agreement that gave me the majority of everything except for a few items, one of my vehicles, and $10K. They sent it with a return addressed stampe envelope and gave him until 2/16 to return it.
He called last week from jail hem-hawing around about signing it, but in the end said he would. He said he had plead guilty and would be moving to a drug rehab center for 12 months as part of his sentence. Since he can't have any in or out bound calls, I received a letter from him yesterday saying he had changed his mind and would NOT be signing the papers.
Meanwhile, I had gone to courthouse to pick up his final disposition so I could get my bail money back, when I came upon the divorce filing. Since my attorney had filed on my behalf, I had not actually seen the paper work. It said that I had filed under "Irreconcilable Differences"--I thought I was filing for fault on grounds of his drug addiction.
First, how will him being in rehab affect everything moving forward? Will I have to wait the 12 months until he is out? Second, how will the divorce being filed under Irreconcilable Differences affect the settlement? I was the bread winner, but he couldn't keep a job (and thus couldn't pay the bills) because he was an addict. Was this a mistake by my attorney, or is there some reason he filed this way. I put in a call to my attorney this morning, but I haven't heard back from him.
Sorry so lengthy!
Married 11 yrs no children
I've alsways been the bread winner (bought the first house B4 we were married). My husband had several businesses/self-employed that all failed. In the past 3 years he's had 14 "real" good paying jobs, but hasn't been able to hold any for more than a few weeks. In April I figured out the problem: arrested for posession and distribution of class II drugs--I didn't have a clue. To make a LONG story shorter, over the next 6 months he was arrested two more times for drugs, plus a variety of other charges.
After a lengthy discussion with my attorney regarding my husbands drug problem, I filed for divorce in December (signed the papers authorizing my attorney to file). He was served in December but chose on to respond within the 30 days. In January he was back in jail and said he would "sign anything", so I had my attorney draw up an agreement that gave me the majority of everything except for a few items, one of my vehicles, and $10K. They sent it with a return addressed stampe envelope and gave him until 2/16 to return it.
He called last week from jail hem-hawing around about signing it, but in the end said he would. He said he had plead guilty and would be moving to a drug rehab center for 12 months as part of his sentence. Since he can't have any in or out bound calls, I received a letter from him yesterday saying he had changed his mind and would NOT be signing the papers.
Meanwhile, I had gone to courthouse to pick up his final disposition so I could get my bail money back, when I came upon the divorce filing. Since my attorney had filed on my behalf, I had not actually seen the paper work. It said that I had filed under "Irreconcilable Differences"--I thought I was filing for fault on grounds of his drug addiction.
First, how will him being in rehab affect everything moving forward? Will I have to wait the 12 months until he is out? Second, how will the divorce being filed under Irreconcilable Differences affect the settlement? I was the bread winner, but he couldn't keep a job (and thus couldn't pay the bills) because he was an addict. Was this a mistake by my attorney, or is there some reason he filed this way. I put in a call to my attorney this morning, but I haven't heard back from him.
Sorry so lengthy!
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