Pre-Divorce

[Lilyputt]

What is the name of your state? GA

I in the process of getting a divorce. I need to cover my bases because I've tried to make this an amicable divorce by trying to work out a settlement with my soon to be ex. So far he declined to work on this, but I know he planning to leave within in year to go back to his home state. Here's the deal on on marriage:
Married 10 yrs
3 Kids
House((Deed and Mortgage are in my name)
The only thing we have joint is a Bankruptcy 13
I want to sale the house get a smaller one for me an my sons
I've talked to some lawyers they say I'm entitled to alimony
The reason for divorce are serve:
Adultery( I have proof numbers, name, a mistress knowing information about his body
only a doctor or me would know)
Screwing up the money in the household
Question paternity of 2 of 3 kids
His racist behavior

What I want:
Child support
Physical custody of kids
Alimony or him continue BK until it's complete, which it ends next September
Medical insurance for Kids. There on his work plan which is way lower than my Co.
He gets visitation provided he gets counseling because he has some issue he needs to deal with.
He gets a paternity test on all kids not just on two at his expense.
Sale the home with a 60-40 split.


I want to make this as easy as possible, but he's being an a** about this. He leaving the state so I don't know why he has problem because either way he's going to have to pay child support. I just want him gone. What things should I have covered to make sure I'm
asking my attorney the right question or what things I'm missing to ask for?

 

[las365]

Am I reading correctly that two of the three children to whom you gave birth during your marriage may not be your husband's biological children, but you think your proof of HIS adultery has some probative value?

 

[Lilyputt]

Never had an affair all kids are his one was born a few months before marriage, but other two were born after. What's the old saying "a hit dog will holler". He always tried to say I'm having an afair,but I won't every go to that level for the sake of my kids respect . A few lawyers I talked to ask me for proof of his adultery. I can't remember what website I went on, but I think it said one of grounds for divorce in GA was adultery. Not too sure on this because I though GA was a fault-less state.

 

[las365]

I get it. Sorry, I completely misunderstood that.

I'm no expert, but generally I believe that if your husband had a lot of assets for you to go after, it might be worthwhile to pursue fault grounds for divorce. It doesn't sound as if that is the case, so doing anything other than a no-fault divorce would probably just cost you more money in legal fees.

Other people who know a lot more than I about this topic will come along.

 

[Ohiogal]

I in the process of getting a divorce. I need to cover my bases because I've tried to make this an amicable divorce by trying to work out a settlement with my soon to be ex. So far he declined to work on this, but I know he planning to leave within in year to go back to his home state.

Actually what you mean is he declines to agree to your demands.

Here's the deal on on marriage:
Married 10 yrs
3 Kids

Okay.

House((Deed and Mortgage are in my name)

How much equity is in the house? When was the home purchased?

The only thing we have joint is a Bankruptcy 13

Okay.

I want to sale the house get a smaller one for me an my sons

Sell is the proper word. The other thing is prepare to give him money from the sale.

I've talked to some lawyers they say I'm entitled to alimony

How much do you earn? How much does he earn? What is the difference in incomes? You also expect child support, correct?

The reason for divorce are serve:
Adultery( I have proof numbers, name, a mistress knowing information about his body
only a doctor or me would know)
Screwing up the money in the household
Question paternity of 2 of 3 kids
His racist behavior

So? Do you think any of it matters really?

What I want:
Child support
Physical custody of kids

Why? Who was the primary caregiver of the children?

Alimony or him continue BK until it's complete, which it ends next September

And you will give him half the equity in the home that accrued during the marriage.

Medical insurance for Kids. There on his work plan which is way lower than my Co.

And? Realize that the cost of the medical insurance will be considered as a portion of child support.

He gets visitation provided he gets counseling because he has some issue he needs to deal with.

So apparently do you. Unless you can prove to a court that he needs counseling because his issues are a danger to the children, it won't be ordered.

He gets a paternity test on all kids not just on two at his expense.

Nope. The court will NOT order a paternity test on children born during the marriage unless there is substantial evidence that it is necessary.

Sale the home with a 60-40 split.

Most likely 50/50 would be ordered. Why do you, and I assume it is you, deserve 60%?

I want to make this as easy as possible, but he's being an a** about this.

Look in the mirror. You are not being reasonable in everything you want.

He leaving the state so I don't know why he has problem because either way he's going to have to pay child support.

Not necessarily. He could get custody of the children.

I just want him gone. What things should I have covered to make sure I'm
asking my attorney the right question or what things I'm missing to ask for?

You want him gone? Sorry. Won't happen. You have children together. You have marital property with him.

 

[Ohiogal]

I get it. Sorry, I completely misunderstood that.

I'm no expert, but generally I believe that if your husband had a lot of assets for you to go after, it might be worthwhile to pursue fault grounds for divorce. It doesn't sound as if that is the case, so doing anything other than a no-fault divorce would probably just cost you more money in legal fees.

Other people who know a lot more than I about this topic will come along.

She has assets though. maybe he should go after her for alimony.