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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28043
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I got married 9 months ago (my 2nd) and my wife (her 5th) wants

Customer Question

I got married 9 months ago (my 2nd) and my wife (her 5th) wants a divorce because she saw some porn and chat rooms on my computer (she somehow hacked in to it), She wants $35,000 in alimony plus costs. Is this going to stand in court?
Submitted: 4 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 4 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your situation and concern. Alimony may be awarded in accordance with the needs of the party seeking alimony, and the ability of the other party to pay. The following shall be considered in determining the amount of alimony, if any, to be awarded:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of both parties.
  • The financial resources of each party.
  • The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment.
  • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
  • The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.
  • Such other relevant factors as the court deems equitable and proper.

[Based on Georgia Code - Sections: 19-6-1 and 19-6-5]

One of the things which the Judge is going to look at, is the length of the marriage. Seeing how it was only for a period of 9 months, the Judge may not be so inclined to order any alimony, unless she can show a basis for it. It appears as though she is looking for some type of lump sum payment, to try and punish you in some way but there may not be a basis for the Judge to award it, since you were only married for such a short period of time, unless she can show her life changed and things were given up, when she married you. Of course, you can contest it and place the burden on her, to show the things listed above. At the same time, you and her can reach a settlement, if you are comfortable with it and think it is in your best interest.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 4 years ago.
Hi Greg, I just wanted to follow up in regard to the bad service rating you gave me and see if there is anything else I can answer or clarify. I am here to help, so please let me know what the problem is, so we can continue to work together. You asked if this is going to stand an I provided you the things which the Judge will consider as well as my thoughts on the short term marriage and how that will effect the judges decision. If you could please tell me what else you were looking for, I would be happy to answer it.
Expert:  FamilyAnswer replied 4 years ago.
Hi Greg. Just wanted to see if you were still here?
Expert:  FamilyAnswer replied 4 years ago.
Hi Greg. I wanted to follow up and see the basis for which you rated my service as bad, once again, when I was trying to follow up and still work with you. Do you have any other questions or something which I can clarify? I can only help if we work together and am not receiving any communication from you.