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Dirty Divorce: Misplaced Threats by Your Spouse (Part II)

By Mary Stearns-Montgomery | Oct 14, 2013 | Divorce
 

Divorce can get downright ugly if you or your spouse seeks revenge or is inclined to sabotage the other during the divorce process. If that’s the case, immediately contact an experienced divorce attorney to discuss your case. An attorney will offer options including collaborative divorce and mediation, and it’s just best to ensure you have full representation. Knowing you have someone on your side and your attorney is looking out for your best interest will give you peace of mind. 

In a previous blog entry our Associate Attorney, Jenni Brown, shared with us three common dirty divorce threats your spouse may make during the divorce process. However, as former “As Seen On TV’s” Billy Mays infamously said “But wait, there’s more!” Believe it or not, there are more threats your spouse may make. 

Consider the following and understand the legal advice Jenni offers on what spouses can do to combat these threats from their soon-to-be ex. 

Three More Dirty Divorce Threats

1. "Since you have had an affair I will gain custody and you won't see the kids again!"

Georgia courts will determine custody on what the court finds to be in the best interest of the minor children. An extramarital affair does not equate to being a “bad” parent, however the courts will consider adultery when considering whether or not to grant alimony. 

2. “I can’t get a job, because if I do I won’t be entitled to any alimony.” or “You are not entitled to alimony because you can get a job.”

Alimony is based on a multitude of factors, the main factor being one party’s need and the other party’s ability to pay. The fact that both parties are working does not preclude the other party from receiving alimony. The court will consider the length of the parties’ marriage, the contribution that both parties have made to the marriage, the earning potential of each party, the age and health of both parties along with numerous other factors. Contact an attorney at Stearns-Montgomery & Proctor to further discuss your rights and obligations related to alimony payments.

3. “I will take custody from you and you won’t ever see the kids again!” 

Georgia court recognizes the importance of both parents being involved in their children's lives. In Georgia, there are two different types of custody: legal and physical custody.  The court will determine what is in the children’s best interests when deciding a parenting plan that will be most beneficial for the minor children. The court has the option of awarding joint physical custody which would allow both parents equal time with the children, primary and secondary physical custody which would allow one parent the majority of the time with the minor children while allowing the other parent visitation with the minor children or sole physical custody which will allow one parent 100% of the time with the minor children. It is rare that a Georgia court will allow sole legal custody to either parent, typically it must be shown that the visiting parent would be detrimental to the children’s best interest in order to justify sole legal custody. The attorneys at Stearns-Montgomery & Proctor can assist you in determining the best interests of the minor children

Talk To The Divorce Attorneys at Stearns-Montgomery & Proctor Today

If you or someone you know is experiencing any of the misplaced threats mentioned above or need help with your pending divorce, our team of divorce attorneys at Stearns-Montgomery & Proctor are here to help. Our Atlanta divorce attorneys will discuss your case, help you understand the divorce process, and your options and rights. With three offices in Atlanta, Alpharetta, and Marietta, we proudly service our clients and their families throughout the Atlanta metropolitan area. To schedule a consultation today, call 770-280-1488 or complete our contact form here.

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