My wfe had an affair three years ago and we are and I am suffering mentally because of it. We had an argument and she has taken the two youngest kids with her and says this is a superstring and she will file for divorce in six months. She wants me out of the house and says she will get a restraint order. What should I be doing now?
State/Country relating to question: Georgia
Sitting in a daze and tring to get my boys back home.
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I am sorry to hear about what you are going through with your wife. I know it can be hard. In a perfect situation, you and her would be able to agree and work things out, so this can be an amicable divorce. There are certainly issues with children, custody and support, so those are things which need to be worked out either now or in the future. Unless ordered by the court, she can not force you to leave. However, in most Georgia counties, a mutual restraining order automatically goes into effect when the defendant is served with the Complaint for Divorce. This is likely what she was referring to, when she says she will get a restraining order, as a result of filing for the divorce. This is a standing order signed by all the Superior Court Judges of the circuit and is attached to the Complaint for Divorce which is served on the defendant. This order usually enjoins each party from harassing the other in any manner, from selling, transferring, alienating, or encumbering the property pending the divorce action in order to protect the other spouse's claim for Alimony and child support and from removing the children from the jurisdiction of the court. If you wanted to, you could file for divorce first. Since there is a home, the court will likely want the children to remain in it and the house would temporarily be awarded to the parent who will be taking care of them, in the time being. Also, if you were to separate, issues about Temporary Custody and support would need to be addressed. If you can not work out anything between the two of you, it will be up for the Judge to decide, once the divorce is filed.
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General Family Law. Divorce. Child Custody. Child Support.
Does the infidelity give me any legal edge? Should I rush to file?
It could prevent her from recovering/being entitled to alimony/spousal support. There is not really an advantage but it will allow you to move the proceedings along since you would be the one who filed, in the event she was trying to drag this out.
She is at her Mom's house with the boys......it's been 2days. I'm 60 and she is 41......been together for 20 years.....and then this. I still want to work on the marriage, but I think she's done. Am I a siding duck by waiting to see what she does or just be prepared to leave the premise?
In an ideal situation, she would work with you to better the marriage. If not, the decision will be up to either party to file for divorce or just stay separated, waiting for the other to make a move. If she is living with the boys at her moms, the court may award you temporary possession of the home if you file and ask for it but it would be at the discretion of the Judge.
Does she have to legally file for a separation in the state of Ga? Shoul I move out the house and can I demand she bring the boys back home?
No, she does not. The decision to move out of the home is up to you, until a Judge orders otherwise. You can demand she bring the boys back and if she does not, could file for divorce and seek temporary custody of them.
Can she file for a restraining order without filing for a divorce? Will this force me out of the home and give her temporary custody of the boys? Will I have to maintain any support for the children if this is the case? Will I have to continue to pay the mortgage and other bills associated with the home, if I'm forced out?
Those are all issues that would be addressed/ordered by the Judge, once the divorce is filed and until it is finalized.. A restraining order filed alone, is necessary when there is threats of violence,fear, harassment or stalking. It is not normally just granted alone, outside of the divorce, unless there is a basis to support it. She would have to show these things occurred for it to be imposed by the court.
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