- by Mary Stearns-Montgomery
- in Divorce
By the time you finish reading this first sentence, an American couple got a divorce. It’s unfortunate to say, but in America, there is one divorce every 13 seconds. That’s 6,646 divorces per day and more than 46,000 per week! Divorce can get ugly in a heartbeat if you or your spouse seeks vengeance and payback.
The divorce process is a very stressful time especially if children are involved. We strongly recommend turning to an experienced divorce and family law attorney to discuss your case, understand your options, and take back your life after divorce.
Through her experience in and out of the courtroom, our Associate Attorney, Jenni Brown compiled a list of common misplaced threats a spouse can use during a divorce and her legal advice on what a spouse can do to combat the threats from their soon-to-be ex.
The Three Dirty Divorce Threats
1. “You aren’t entitled to ANY of my assets and I won’t split anything with you.”
Georgia Law requires that assets be split equitably. Equitably does not always equate to 50/50. Instead, equitably means what is fair. Be sure to meet with an experienced divorce attorney to review and discuss what equitable divisions means in your particular case.
2. “You will have to spend thousands of dollars in attorney’s fees. You can’t afford to leave.”
Georgia law has multiple statutes that allow for an award of attorney’s fees. Typically in a divorce action, if one party has substantially more income than the other party they will be required to contribute to the other party’s attorney’s fees. Every case is different and it is impossible to estimate the exact cost of a divorce case, however, Georgia Courts allow relief for parties that are in need of assistance with their fees from the other party.
3. “I will quit my job to avoid paying child support or alimony.”
Georgia law allows the judge assigned to your case to determine whether either party is voluntarily unemployed or underemployed. This is a common concern and threat to keep one party from moving forward with a divorce case. If the judge determines that either party has chosen to become unemployed or has voluntarily decreased his or her income in an effort to avoid paying child support or alimony the judge may assign the party whom is unemployed their earning potential. This means that the judge may grant the relief they would have granted had the party continued to be employed at their prior place of employment.
Contact Our Atlanta Family Law Attorneys Today
You don’t need to go through the divorce process alone. Our team of experienced divorce attorneys at Stearns-Montgomery & Proctor will help you discuss your case, understand the Georgia divorce process, your options and rights, and help you through this process. With three offices in Atlanta, Alpharetta, and Marietta, we proudly service our clients throughout the Atlanta metropolitan area.
Schedule a consultation today by calling us at 678-971-3413 or completing a contact form.