Divorce question for those in Georgia...

[TheLittleRoo]

So, my husband and I are about to divorce in one state when he tells me he has a really good chance of getting a job in Georgia. I am okay with the idea of moving out of an expensive area to a less expensive one, and it's closer to my family, so there's nothing to object to on the face of it.

But I'm wondering what the law is like in Georgia, specifically Atlanta? Is it a fault or no fault state, what's the waiting period between filing and getting a final divorce, what are child support guidelines like? I've read online some but was hoping to get a first hand account from someone who's been through it recently. I really don't want to have 50/50 custody arrangements either - - is that prevalent or really uncommon?

Thanks!

 

[GoodFairies]

Silly question - if you are about to divorce why are you moving together?

 

[JoiseyMom]

I would go to www.divorcenet.com and compare the 2 states. If it is better where you currently live..do it there before you decide to move.

It seems like you want to move..if so..just move to where your family is. Do you have to live in the same state/city as your ex??

 

[Darcy03231]

Most states require you live in that state for 6 months to a year to establish residency before you can file.

 

[wall*e2008]

I would divorce in a higher cost of living area. It should bring a better settlement for you. Then move closer to your family and transfer the divorce and support degree to that state. Most, is not all, states will honor the other states decree.

 

[rileyroosmom]

It's a no fault state. In regards to child support, the payments are very low, in fact the courts have recently lowered them. For an example. My ex brought home about $6,000/month. The court system said he would have to pay me $1200/month to support our 3 kids (this is with me not having worked in 15 years!). Thank goodness ex thought that was ridiculous and pays me 3x what the court mandates. Be careful, Georgia is not very woman friendly!

 

[mom2rb]

In Texas, there is a rule that you can't move the kids more than two counties away. If that is the case in other states, you definitely want to get a divorce in the state you plan on living in.

 

[agnes!]

So, my husband and I are about to divorce in one state when he tells me he has a really good chance of getting a job in Georgia. I am okay with the idea of moving out of an expensive area to a less expensive one, and it's closer to my family, so there's nothing to object to on the face of it.

But I'm wondering what the law is like in Georgia, specifically Atlanta? Is it a fault or no fault state, what's the waiting period between filing and getting a final divorce, what are child support guidelines like? I've read online some but was hoping to get a first hand account from someone who's been through it recently. I really don't want to have 50/50 custody arrangements either - - is that prevalent or really uncommon?

Thanks!

Most states require you live in that state for 6 months to a year to establish residency before you can file.

Another thing...how old are your kids? You really don't want to move them n the middle of a school year, if it's avoidable (even if they're just in Pre-K or K). And you also probably don't want to delay the divorce? I would seriously consider filing where you live now.

I would divorce in a higher cost of living area. It should bring a better settlement for you. Then move closer to your family and transfer the divorce and support degree to that state. Most, is not all, states will honor the other states decree.

Somewhat cold-hearted but good advice.

agnes!
PS - This split might be amicable, it might not, but I would get some legal advice to consider your options. Another thing, is there 'muck' cluttering up this divorce process, like maybe does your 2BExDH have a girlfriend already?

 

[TheLittleRoo]

It's a no fault state. In regards to child support, the payments are very low, in fact the courts have recently lowered them. For an example. My ex brought home about $6,000/month. The court system said he would have to pay me $1200/month to support our 3 kids (this is with me not having worked in 15 years!). Thank goodness ex thought that was ridiculous and pays me 3x what the court mandates. Be careful, Georgia is not very woman friendly!

This concerns me greatly. I checked alllaw.com and it seemed as if GA's child support guidelines are solely based on the non-custodial parent's income plus child care. I plugged in husband's 11500/mo income and got $3200/mo for two kids. Have things changed now? I also stay home and plan to try to continue for 1.5 more years until DS3 starts kindergarten. Where I live would also have about the same child support payment, but they do consider both incomes.

We'd move to the same city because we have two kids. I wouldn't want to move them out of state from their dad, unless he proves himself to be a vanishing act after the divorce and doesn't bother to see them. As far as I know, most states have a clause in the standard decree requiring you to either stay in the county or at least stay in the state. You can move, but your ex can argue that the kids stay in the state with him/her. Most times, that precludes the other spouse from moving away.

I hate being hog-tied to him for 15 more years, but I could live in Atlanta for a long time. It is about 10 hours closer to Disney!!! But if it's not woman friendly in divorce, I will definitely have a huge issue against relocating there. I have not filed here, and if I do, it's a mandatory 1 year waiting period. If we move for his job, the relo pays for the realtor fees, closing costs, and moving the household/ cars. That's money WE'D have to cough up if we divorce here, which is part of the reason I'm open to a relo.

 

[wall*e2008]

If you stay in your state and he moves away then you will not be forced to stay in the original state.

 

[TheLittleRoo]

To clarify, we both want to get out of here (the northern state we're in) and get back to the South where we're from. I am willing to divorce him here, knowing I can never leave, but I think we'd both prefer to live somewhere else, less expensive. If we agree to move to Atlanta, we'd file there because filing here means a 1 year wait anyway. It'd be 6 months residency, then I guess a 6 month wait between filing in GA and it becoming final. Same thing either way, 1 year.

If we stay here, it will be hard for either of us to get by on one salary in two households. We're selling the house at a loss already, getting the help from a relo package would cut out a lot of the expenses. It's purely a numbers decision to stay, my gut is telling me I hate him and I need to get away from him ASAP, but my bank account and 401k are screaming for mercy.

If I filed here, he'd never apply for the job in ATL. We'd just dig our heels in here and start over. If he applies, I'm pretty sure he'll get the job and the kids could finish out their school year while he goes down to get started in about March.

I am mostly concerned about how GA courts tend to rule. Are they sympathetic to cases involving adultery? Do I have to prove it, is there a statute of limitations on how far back it was? Also, do the courts tend to award physical custody to the mom unless she's proven unfit? And lastly, child support determinations.

I personally would have better access to friends, family and job networking in Atlanta, so I'm inclined to want to move there, but I can't lose big in a divorce if I go there. Sorry to ramble, the problem is my attorney doesn't know GA law - - and she's out until Jan 5th.

 

[wall*e2008]

It seems you want to move so I guess just move.

Think of how the court would look at a women who moves with her husband, then files for divorce over adultery that happened before the move. Seems that the move shows reconciliation on your part.

Can you put up with him for another year? Is staying in the marriage for another year better for the kids?

 

[GoodFairies]

It seems you want to move so I guess just move.

Think of how the court would look at a women who moves with her husband, then files for divorce over adultery that happened before the move. Seems that the move shows reconciliation on your part.

Can you put up with him for another year? Is staying in the marriage for another year better for the kids?

Agree.

You will get nothing for adultery because if you didn't file right away naming that as the cause of the divorce and continued to live together, that signifies forgiveness/possible reconciliation in the eyes of the courts.

You will need to cohabitate for a certain amount of time in the new state before filing, as others have said. Plus it's kind of, I don't know, "low" to use a company to pay for relocation for all of your things knowing that you two aren't really together.

I can't believe you haven't filed already if there's another year on top of that. Don't you two want to be done with each other already? The whole scenario sounds fishy to me.

 

[Darcy03231]

I know where I live if there is adultery and you know about it and continue to live together and don't file then you've consented to it.

 

[Imzadi]

Are the community property laws in GA different from where you live now?

to rule. Are they sympathetic to cases involving adultery? Do I have to prove it, is there a statute of limitations on how far back it was? Also, do the courts tend to award physical custody to the mom unless she's proven unfit? And lastly, child support determinations.

It sounds like you need to consult a divorce lawyer in GA because you have a layered & complicated divorce.

 

[EpcotBeauty]

It sounds like you need to consult a divorce lawyer in GA because you have a layered & complicated divorce.

Exactly. It is doubtful that anyone on the DIS will be able to give concrete and accurate facts.

 

[AtlantaSue]

I believe the law changed last year in GA., and to calculate child support for any action filed after Jan. of 2007, they use the income of both parents. I'm not certain, but I believe that's the case.

ETA --I dug around a bit, and found this http://www.persilylaw.com/Georgia-Child-Support.htm

 

[pfishgirl]

My ex Fathered a child while we were still married and the Judge didn't award me or our son anything more because of his other child

Good Luck, sounds like you're going to need it

 

[JoiseyMom]

Hmmm..I may get flamed for this..but let him apply for the job...get the reloc...let him move down..and then file for divorce. Let the divorce go through up north...then move down south just like you wanted too.

Is he really gonna quit the job down there because you decided to file?? Not sure how spiteful he would be.

 

[rileyroosmom]

My divorce case involved adultry on my ex's side. I had records and things. The judge did not want to know about it at all. In fact, his words were, "that has nothing to do with what's going on here!" I was floored! That is the reason we were there!! Also, we were married for 16 years, I stayed home for 15 years with the kids. I had a teaching degree ( that had expired). The judge said I'd be fine because Georgia needs teachers. It's been 1 1/2 years, I've gotten my Georgia teaching degree, but no job! It's becoming a hard thing to get here.
In regards to woman's rights. I had about $96k from an inheritance in my name only. 2 months before my ex walked out on me to be with his other woman I gave him 20k from that account to buy a "mid life crisis" car. In the divorce I asked to be reimbursed, I was told no.
Good luck to you.

About the time period, I don't believe there is one. I filed in June and by March it was final. I was shocked, didn't expect it that fast. It's also mandatory that you both attend a parenting class (about how to help children with divorce) and that you use a mediator, even if you have a lawyer.