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Question

if spouse has committed adultery and has moved out and still goes out with other people in public with my child there when divorce has not been filed is that took into consideration when it comes to a judge deciding tha bussiness and other assets owned together

Submitted: 99 days and 5 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

Location: United States, Georgia
State/Country relating to Question: Georgia

Already Tried:
just asked not to be humilliated while we are still married have not filed yet spouse doednt want to file yet but acts like we are already divorced

Accepted Answer

Georgia law lists adultery and desertion (for at least 1 year) as two of several grounds for divorce.

The judge looks at the best interests of the child when determining custody and what will best promote the child's welfare and happiness. The judge considers many factors when deciding custody, including but not limited to: the love, affection, bonding and emotional ties existing between each parent and the child, the child and his or her siblings, half siblings and step siblings and the residence of such other children; the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child; each parent's knowledge and familiarity of the child and the child's needs; the home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors; each parent's involvement, or lack thereof, in the child's educational, social and extracurricular activities; and each parent's past performance and relative abilities for future performance of parenting responsibilities.

A child more than 14 years of age may choose which parent will have custody upon consent of the court. The child's choice shall be presumptive unless the parent so selected is determined not to be in the best interests of the child. The court considers it important for a child to maintain relationships with both parents; therefore, parenting time rights are awarded to the parent who does not have legal custody of the child.

Also, fault for the divorce will be considered when determining chid and spousal support.

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
Accepts: 
Answered: 8/15/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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