Fresh Start

[Lanae]

I am in the state of Georgia. My questions are very basic. I have been married less than 1 year but I've been living with my husband for 11 years. The home is in his name, although we've been in it since 2005. There is a minor child involved so I know child support and visitation will be an issue.

I want a clean break. I am willing to start over. However, since this is new I need to know:

*Does anyone know of a good lawyer that does not charge ridiculous prices?
*All I want is child support, repayment for a loan for home repairs (in my name), and alimony....if possible.
*I pay for everything concerning the child (health, dental, vision, etc).

What is my best and cheapest way out?? Please help. ThanksWhat is the name of your state (only U.S. law)?

 

[Proserpina]

I am in the state of Georgia. My questions are very basic. I have been married less than 1 year but I've been living with my husband for 11 years. The home is in his name, although we've been in it since 2005. There is a minor child involved so I know child support and visitation will be an issue.

I want a clean break. I am willing to start over. However, since this is new I need to know:

*Does anyone know of a good lawyer that does not charge ridiculous prices?
*All I want is child support, repayment for a loan for home repairs (in my name), and alimony....if possible.
*I pay for everything concerning the child (health, dental, vision, etc).

What is my best and cheapest way out?? Please help. ThanksWhat is the name of your state (only U.S. law)?

We don't do referrals, sorry. You can click the "find an attorney" link though.

You're not going to get alimony for year-long marriage.

 

[mistoffolees]

I am in the state of Georgia. My questions are very basic. I have been married less than 1 year but I've been living with my husband for 11 years. The home is in his name, although we've been in it since 2005. There is a minor child involved so I know child support and visitation will be an issue.

I want a clean break. I am willing to start over. However, since this is new I need to know:

*Does anyone know of a good lawyer that does not charge ridiculous prices?

There's a link on this page for referrals. Try it. However, it comes down to what you consider ridiculous prices. Attorneys don't work cheap.

*All I want is child support, repayment for a loan for home repairs (in my name), and alimony....if possible.

Child support? No brainer if you have primary physical custody. Simply plug in the numbers to get an idea what you should receive:
https://services.georgia.gov/dhr/cspp/do/public/SupportCalc

Repayment for a loan for home repairs? Certainly plausible, but will depend on the specifics of the case.

Alimony? Not likely at all. MAYBE some temporary support while the divorce is pending, but even that's not guaranteed depending on the circumstances. You'll need to find a way to support yourself.

 

[ecmst12]

If the loan was taken out during the marriage, it will be split between the both of you. If it was taken out before the marriage, it's yours.

The house is his. You would be entitled to half the equity which accrued since the marriage, which is likely nothing or a minimal amount.

You will never be able to make a "clean break" from someone that you share a child with. You will be in each other's lives forever.

 

[mistoffolees]

If the loan was taken out during the marriage, it will be split between the both of you. If it was taken out before the marriage, it's yours.

Not necessarily. Georgia is an equitable division state. If OP can prove that the money was borrowed for home repairs on stbx's home and he is keeping the home, she may be able to get the court to order him to take on all of that particular debt.

 

[nextwife]

It depends. If the debt occurred PREMARITALLY, it may not be marital debt, subject to marital division, regardless of what she chose to spend the money on.

 

[mistoffolees]

It depends. If the debt occurred PREMARITALLY, it may not be marital debt, subject to marital division, regardless of what she chose to spend the money on.

That's true, but since it's an equitable division state, the judge could order her enough other assets (if there are any) to pay the debt.

 

[nextwife]

That's true, but since it's an equitable division state, the judge could order her enough other assets (if there are any) to pay the debt.

WHY? If a guy gets a loan for something that benefits only his partner while living with her (Jewelry, for example, or classes), and then they have a short term marriage and break up, do judges order the woman to take fewer assets because he is still paying off that premarital debt?

 

[mistoffolees]

WHY? If a guy gets a loan for something that benefits only his partner while living with her (Jewelry, for example, or classes), and then they have a short term marriage and break up, do judges order the woman to take fewer assets because he is still paying off that premarital debt?

A piece of jewelry is different than repairs on someone's home.

 

[LdiJ]

WHY? If a guy gets a loan for something that benefits only his partner while living with her (Jewelry, for example, or classes), and then they have a short term marriage and break up, do judges order the woman to take fewer assets because he is still paying off that premarital debt?

Come on Nexie...you know as well as anyone here that getting a loan for repairs/upgrades to someone's premarital real estate is no where remotely similar to jewerly.

 

[Silverplum]

I thought Nextwife made an excellent point.

Come on Nexie...you know as well as anyone here that getting a loan for repairs/upgrades to someone's premarital real estate is no where remotely similar to jewerly.

I think it's very similar. Each is of value. Only one person can keep the valuable item.

 

[Silverplum]

*All I want is child support, repayment for a loan for home repairs (in my name), and alimony....if possible.
*I pay for everything concerning the child (health, dental, vision, etc).

If you receive child support (with or without alimony), then you will NOT be paying "for everything concerning the child."

I just like to read sentences that make sense.

 

[mistoffolees]

I thought Nextwife made an excellent point.



I think it's very similar. Each is of value. Only one person can keep the valuable item.

There are several major differences:

1. Real estate is real property - which can be treated differently than simple property like jewelry.

2. The jewelry is clearly a gift. The home repairs are clearly an improvement to the marital home.

You and nextwife make a good point - that the money invested into the home could also be considered a gift, especially if it was done before they got married, but a strong argument could be made that it should be repaid, as well. Since Georgia doesn't specifically list the factors to be considered in property division, it really comes down to the judge's discretion.

I would certainly be asking to be reimbursed. If the home repairs added significantly to the home's equity, I don't think it's at all unreasonable to think that a judge might see it that way.

 

[Silverplum]

2. The jewelry is clearly a gift. The home repairs are clearly an improvement to the marital home.

When someone uses the word "clearly," I'm looking for clarity.

I don't have it.

Whether or not the home improvement $$ was a gift is NOT clear. Of course, OP says NOW that it was not, and WE have no way of proving it.

 

[LdiJ]

When someone uses the word "clearly," I'm looking for clarity.

I don't have it.

Whether or not the home improvement $$ was a gift is NOT clear. Of course, OP says NOW that it was not, and WE have no way of proving it.

Those aren't the kinds of gifts that people generally give. That is money that is generally spent improving the marital home. Now, if you wanted to equate jewerly given on Valentine's day with the big screen tv given at Christmas, I would agree.