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Hi. My husband has lost complete interest in me and wants a divorce. However, after telling me this three weeks ago, he just simply ignores me as if I am a ghost in the house. We have a son together who is 7 years old that I have raised solely on my own as my husband has his own business and is never around. He had retained an attorney some years back for the same reason but it never came to fruition. I asked him this morning why he is ignoring me and he asked why I just don't divorce him? Why would that be, instead of him? Could it be because he has his own business, owns the home we live in and has a lot of equity and that if he makes me crazy enough to leave that he won't have to pay me very much? What are your thoughts?
Optional Information: State/Country of Question: Georgia Already Tried: I have retained a attorney but he is very expensive and I find out not well liked by the Columbus GA court system. My main goal is keeping my son; however, I have been put through a lot of mental anguish.
There are several reasons that could be in play:
1. Money;
2. Guilt;
3. Depression.
Whatever the reason or reasons, it doesn't really matter, unless it affects you in a manner where you must take action yourself. If you can live with the current conditions, then you can do nothing -- and if your spouse does similarly, then you're going to live out your lives married to each other. This happens all the time -- perhaps more often than not, so don't think that it's unusual.
Regardless of who commences the divorce, you may be entitled to a presumptive one half of everything acquired during the marriage, including the business interest -- plus spousal maintenance/support ("alimony"). One thing you may want to do to protect yourself, is to make copies of account statements and other valuable assets that are not recorded on the public record (as a real property deed would be). That will make it more difficult for your spouse to hide assets in preparation to divorcing. This also happens all the time, so if you do nothing to protect yourself, your husband may be able to avoid a considerable amount of liability, because you won't have all the facts.
Hope this helps.
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I'm just wanting to clarify that the division is the same no matter who commences? And also, I am aware to get those copies but he has hidden them all from me in a locked safe that I have no way to get at. I also intercepted a text that said he has hidden his money so he doesn't get shafted. He sent it to me but I don't think he meant to.
Ah, okay...
Under OCGA 19-6-1(b), "A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court." {emphasis added}
So, if he gets you to leave/desert him, then he can avoid alimony.
Experience: Retired (mostly)