Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Do GA courts always split up assets evenly in a divorce even though husband is an alcoholic who has not worked in over 3 years?

Bankruptcy and Debt 3 views 3 answers
I have 2 kids (13 & 17). We have been married for 19 years. We started a small company together about 14 years ago but it is solely in my name since he was working at another job back then. He has been in & out of jail for past 10 years (alcohol related). I took over full control of company about 3 years ago. We have a house in both our names. I have saved $200,000 in stocks/bonds over our marriage. I have an IRA. He drained his IRA years ago to help pay for alcohol related expenses. He will not be able to pay child support. He is a great guy with a horrible disease that he can't beat. He has been living in Iowa for the last 6 months trying to get sober (I asked him to leave and his family is there to help support). He was doing good but started drinking & ended up in jail. MajorLiability

Attorney Answers

3
Jody Sellers ·
No. Property is not simply split 50/50. Georgia is an equitable division state when it comes to dividing marital property, which does not mean equal. Based on the assets involved you need an attorney to represent you to ensure you walk away with what you are owed.
0 upvotes
Alyson Lembeck ·
Georgia is an equitable division state,which means assets are divided equitably based on the circumstances of each case. Based on the circumstances that you describe, you have a strong argument for receiving more than 50% of the assets. You also need to make sure that you have a parenting plan in place that protects your children, if he is not safe to be around your children due to his drinking. You should review all of the issues with an attorney to provide you more specific advice. Also, you should file in Georgia before he establishes jurisdiction in another state.
0 upvotes
Glen Ashman ·
You have a misconception. 50-50 happens in community property states. Georgia is not one. Georgia does equitable division, meaning the court does what it deems fair. That could be 50-50, or any other percentage. Conduct may be a factor, and is the only factor. Your assumption about child support is wrong. If you get custody he is going to be ordered to pay child support. With so much at stake, the earlier you retain a lawyer, the better.
0 upvotes

People Also Asked

Are we still liable as guarantors after a chapter 7 filing?… 2 answers When working "on call shifts" at a restaurant what is the minimum amount of hours your emp… 3 answers What is notice of dropping party filed by the plaintif, in a pending foreclosure ?… 1 answers Does a Last Will and Testament need to be filed with the Clerk of the Courts office to be … 3 answers What can be done about threats left on voice mail?… 2 answers What is the consequence of continued driving after revocation charges in Minnesota?… 3 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii