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How is division of property and child custody determined in the state of GA
Anonymous8 views3 answers
Married for 29 years, have 7 year old son, I work but my husband has always taken care of the household expense. I have a financial situation where I am going to file bankruptcy, because I would not allow my husband to help me with the mistakes I made. But for the first five years of my sons life I have been the one paying child care, school expenses, clothing, and buying the groceries and doing most of the social and emotional support of our son. I am the one that the school calls with issues and the one that takes the time off work when he is sick or has a field trip. I have been the one to plan all of his birthdays and all holidays except Christmas. I feel his father takes care of him financially but not emotionally. Who has a better chance of winning full custody if we go to court
Ignoring that no one could possibly give odds, and any answer based solely on your feelings without hearing his would be inaccurate (in other words, your question cannot be answered it). I will note that these days full custody is getting rare - joint custody is common. And if you're thinking divorce, you will do badly without a lawyer. Since bankruptcy and divorce affect each other, and bankruptcy may affect division of property and debts, see a lawyer ASAP.
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
Absent compelling reasons to do so, full custody is less and less common. Joint custody is becoming more the norm. As to marital property, GA is an equitable division state. The assets are to be divided "equitably" which does not necessarily mean equally. Rather, what is right, just and fair. Given your situation involves 29 years, child(ren), assets and debt, you really should secure an attorney right now. You should not be going through the divorce process on your own. Remember, every case is different from all others, and your results will be predicated on the specific facts of your situation.
Daniele C. JohnsonDivorce / Separation LawyerAtlanta, GAGA licensed ·
You really need to speak with an attorney. Custody is going to be based on the totality of the circumstances. You are going to have to share the details of your marriage with your attorney so that you can be property advised.
