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divorce

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tinktinkrn

Junior Member
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.
 


mistoffolees

Senior Member
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.
 

Bali Hai

Senior Member
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.
 

LdiJ

Senior Member
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.
 

Bali Hai

Senior Member
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.
 

Bali Hai

Senior Member
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.
 

Isis1

Senior Member
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.
 

mistoffolees

Senior Member
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.
 

nextwife

Senior Member
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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