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Wife wants divorce - should I file first?

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N

notme

Guest
What is the name of your state? Georgia

Argument for Divorce:

• Failure to perform household duties while at home full time.
o Including but not limited to cooking, cleaning, laundry
• Failure to restrain from unwarranted spending resulting in the inability to save.
o Recently bought a $300 dog without consulting as a family.
o
• Committed adultery from sometime in 2001 to May 2002.
o Refused to continue to attend counseling after the councilor requested to work with her individually.
• Recently disrespecting marriage by leaving at night to go somewhere unknown to return early in the morning resulting in my loss of sleep and reduction of performance at work.

Argument for Custody of male child born Dec 3, 1999:

• Leaving the child unattended in the house while she sits out side visiting with friends and smoking for hours at a time resulting in the child gaining access to cupboards over the kitchen counter and unsafe items such as our meat cleaver and steak knives.
o Child has destroyed several hundred dollars in food over time.
• Sleeping during the day, because she was awake all night, while the child is awake and free to roam the house.
• Failure to research school options
• Failure to consistently attempt toilet training

Asset/Debt Information:

• Major items purchased prior to marriage
o Home (currently financed)
o Truck
o Boat (currently financed)
o Computers
o 1 couch
o 1 lounge chair
o Washer & Drier set
o 2 Televisions
o VCR
o Stereo system
• Credit card debt level prior to marriage ~$5,000
• Mortgage Level prior to marriage ~$77,000

• Major items purchased after marriage
o Used 1999 Dodge grand caravan (currently financed)
o Used 1995 Mitsubishi Gallant (paid off)
o Couch & Love seat set
o King sized bed
o Kitchen table set
o Computer
• Current credit card debt ~$16,500
• Current Mortgage Level ~$109,000
• Current Savings account ~$1,600


Proposed division of assets/debt

I retain what was purchased prior to marriage

She takes
• What she brought to the house and her personal belongings purchased since then.
• The 1995 Gallant
• Either the new Couch or Love seat or both
• Her computer that I bought
• No alimony due to acquired debt level - I will take all debt

We sell the minivan for no profit just to get rid of that debt.
 


N

notme

Guest
Do I have reasonable expectations that I will get custody and the house?
 

VeronicaGia

Senior Member
notme said:
Do I have reasonable expectations that I will get custody and the house?
No one can tell you how a judge will rule. I will tell you that GA orders support based on the NCP's income alone, so if she's the NCP and doesn't work, she wouldn't be able to provide support. But you can believe that if you end up the NCP, you'll pay.

First, you need to start talking to lawyers who are family law specialists. Then you need to decide if you should file or not, based on the information you receive from them. They cannot tell you how the case will turn out either, but someone who specializes in family may have a better idea than someone who practices in many areas of law.

An excellent website for fathers: www.deltabravo.net

There is a list of questions to ask attornies, information on how to find an attorney, parenting plan samples, information on too many items to list here.
 

VeronicaGia

Senior Member
notme said:
What is NCP?
Non-Custodial Parent (the parent who usually pays support)
CP - Custodial Parent (the child lives with this parent)

Most states base support of the income of both parents, and figure in parenting/visitation time. GA is not one of those states. If you are the NCP, you will pay support based on your salary alone, so the CP could make thousands a month and you'll still pay.

:)
 

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