Divorce after 50 years

[vietnamvet]

What is the name of your state (only U.S. law)? georgia
one of my dearest friends just told me that she just found out her husband has been cheating for the past 3 years and refuses to stop. she is hertbroken and looking for advice as to what she needs to do. i told her to speak with a lawyer and she said she did and was told that her husband is able to take everything and leave her with nothing. they own several properties and have substancial investments and monies i believe in both names. could this be the case in georgia where the husband and wife don't divide all that has been accumilated in 50 years of marriage?
thankin you in advance,
vietnamvet

 

[LdiJ]

What is the name of your state (only U.S. law)? georgia
one of my dearest friends just told me that she just found out her husband has been cheating for the past 3 years and refuses to stop. she is hertbroken and looking for advice as to what she needs to do. i told her to speak with a lawyer and she said she did and was told that her husband is able to take everything and leave her with nothing. they own several properties and have substancial investments and monies i believe in both names. could this be the case in georgia where the husband and wife don't divide all that has been accumilated in 50 years of marriage?
thankin you in advance,
vietnamvet

I think that your friend needs to talk to another lawyer. The notion is absurd that her husband could take everything after 50 years of marriage. However, its also possible that the attorney was trying to scare her off of the idea of divorce after 50 years of marriage.

 

[Bali Hai]

What is the name of your state (only U.S. law)? georgia
one of my dearest friends just told me that she just found out her husband has been cheating for the past 3 years and refuses to stop. she is hertbroken and looking for advice as to what she needs to do. i told her to speak with a lawyer and she said she did and was told that her husband is able to take everything and leave her with nothing. they own several properties and have substancial investments and monies i believe in both names. could this be the case in georgia where the husband and wife don't divide all that has been accumilated in 50 years of marriage?
thankin you in advance,
vietnamvet

Georgia is an equitable distribution state. Peace.

 

[SESmama]

**Stealing from Geekess**

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

http://tinyurl.com/2ue6rdk


Child Support guidelines/calculators here: http://tinyurl.com/2fan2sw

 

[single317dad]

What is the name of your state (only U.S. law)? georgia
one of my dearest friends just told me that she just found out her husband has been cheating for the past 3 years and refuses to stop. she is hertbroken and looking for advice as to what she needs to do. i told her to speak with a lawyer and she said she did and was told that her husband is able to take everything and leave her with nothing. they own several properties and have substancial investments and monies i believe in both names. could this be the case in georgia where the husband and wife don't divide all that has been accumilated in 50 years of marriage?
thankin you in advance,
vietnamvet

1) Your friend could sue for divorce on the grounds of adultery, which Georgia allows.
2) Distribution of the property may be affected by many factors, including but not limited to amount contributed during the marriage, future earning capacity, and a penalty for adultery if proven. Georgia in fact does not list the factors considered in statute.
3) Spousal support may or may not be ordered, but is a possibility if the husband substantially supported the wife for 50 years then cheated on her.
4) Please ask your friend to make her own account here and ask her own questions, providing information as requested, for further discussion of her case.

I suspect the conversation was more like "Mr. Lawyer, I want to divorce my husband, can he take everything?"
"Well, he could, but..."
"I knew it! I'll call you back!"

 

[Bali Hai]

1) Your friend could sue for divorce on the grounds of adultery, which Georgia allows.
2) Distribution of the property may be affected by many factors, including but not limited to amount contributed during the marriage, future earning capacity, and a penalty for adultery if proven. Georgia in fact does not list the factors considered in statute.
3) Spousal support may or may not be ordered, but is a possibility if the husband substantially supported the wife for 50 years then cheated on her.

Or vise-versa?

4) Please ask your friend to make her own account here and ask her own questions, providing information as requested, for further discussion of her case.

I suspect the conversation was more like "Mr. Lawyer, I want to divorce my husband, can he take everything?"
"Well, he could, but..."
"I knew it! I'll call you back!"

By golly you're not only smart but clairvoyant too. Peace brother.

 

[single317dad]

3) Spousal support may or may not be ordered, but is a possibility if the husband substantially supported the wife for 50 years then cheated on her.

Or vise-versa?

No, actually. The cheating spouse is denied alimony by statute.

 

[Bali Hai]

No, actually. The cheating spouse is denied alimony by statute.

I see, just to make that clear, women in Georgia don't support husbands substantially for 50 years and then cheat on them?

Have a wonderful day.

 

[Zigner]

I see, just to make that clear, women in Georgia don't support husbands substantially for 50 years and then cheat on them?

Have a wonderful day.

What in the world are you talki...

Oh yeah - more soapboxing. Gotcha.


ETA: The information posted was based on the specific information presented in THIS thread.

 

[OHRoadwarrior]

Why would someone want to get divorced after 50 years over something like this, without figuring it out first? Is she trying to say in the 50 years they have been married she never betrayed him? Obviously, if he has been doing it for 3 years and not left her, thrown it in her face or otherwise made it known to her, he was afraid she would feel betrayed and doesn't want to lose her. I'm guessing that he still has an active sex drive and she does not. Therefore he has a need she does not. I suggest they go to counseling and try and resolve the breakdown, before throwing everything they have had away.

 

[Bali Hai]

What in the world are you talki...

Oh yeah - more soapboxing. Gotcha.


ETA: The information posted was based on the specific information presented in THIS thread.

I don't believe that this thread is specific as to who the supporting spouse is.

I could be wrong about that, if so, please accept my most humble appology.

Have a great day.

 

[Zigner]

I don't believe that this thread is specific as to who the supporting spouse is.

I could be wrong about that, if so, please accept my most humble appology.

Have a great day.

It doesn't matter as the information was given based on THIS thread and did not preclude other options in other situations.

 

[commentator]

I too am very suspect of the depth of the "conversation with a lawyer" this wife has had. If this person has been married 50 years, assuming she wasn't a child bride, she's probably in her 70's at least. And the South is just full of women AND men in this age group who've put up with a lot from spouses because they didn't want to divorce, no matter what. I won't really go into whether or not she's cheated on him, has given up sex, etc. because we don't have that sort of information. But some people sort of have the idea that divorce is wrong, and they're never going to do it no matter what. But she was also probably of the idea that if she did divorce him for cheating, she could throw the book at him, so to speak. When they explained division of marital property to her, it didn't sound good at all. It's not what she'd like. I'm sure what she'd really like is for him to quit cheating and come home and behave. I bet if the husband would stop cheating and come home and seek marital counseling with her and work this out, that'd be fine with her.

But that's not going to happen. He's told her he won't do it. She will just have to deal with an attorney and discuss what a fair and equitable division of their property and marital assets would be, else just stand the situation as it is and hope she outlives him. There are a lot of people out there doing that.

 

[Bali Hai]

It doesn't matter as the information was given based on THIS thread and did not preclude other options in other situations.

Please forgive me as I am trying to grasp the meaning of the point in question, and not purposely trying to be argumentative. Would rewriting item 3 in the previous post make any sense at all, such as below?

3) Spousal support may or may not be ordered, but is a possibility if one spouse substantially supported the other for 50 years then cheated.

Not trying to belabor the issue, but for the benefit of others, my understanding is that spousal support (alimony, maintenance, etc.) is gender neutral.

Again my appology if I have irritated you in some way.

Peace be with you.

 

[Zigner]

Please forgive me as I am trying to grasp the meaning of the point in question, and not purposely trying to be argumentative. Would rewriting item 3 in the previous post make any sense at all, such as below?

3) Spousal support may or may not be ordered, but is a possibility if one spouse substantially supported the other for 50 years then cheated.

Not trying to belabor the issue, but for the benefit of others, my understanding is that spousal support (alimony, maintenance, etc.) is gender neutral.

Again my appology if I have irritated you in some way.

Peace be with you.

In THIS thread, we're talking about the husband. Only YOU are reading the facts of THIS thread in to every other case.