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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27643
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Its complicated forsure, ga, no, i was served with papers

Customer Question

its complicated forsure
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: ga
JA: Have you talked to a lawyer yet?
Customer: no, i was served with papers today
JA: Anything else you think the lawyer should know?
Customer: i have been seperated from my husband for 12 years, we have a child together.i married him under advise from his attorney that it would look better on him in court , 3 weeks later he was incarcerated- due to being a convicted felon with a fire arm, aggravated assault and child crulety, our som was there. he was incarcerated for 3 years after 12 years he plans to remarry and served me with s summons for divorce on the grounds of adultry, i moved on and had a child while he was inprision
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: georgia
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Can you share with me what your question is?

Customer: replied 1 year ago.
can my husband that i have been living apart from for 12 years fault me for divorce on grounds of adultery while he was incarcerated for 3 years and i had another child.
Expert:  FamilyAnswer replied 1 year ago.

Yes, he could. In the context of Georgia divorce law, adultery is defined as sexual intercourse between a married person and someone other than the spouse. I understand that he was incarcerated and if this happened during this time, he would have grounds. Now, if he was released and you were separated and had no intent to reconcile and each moved on, then it may not be a basis.

Customer: replied 1 year ago.
Does he have the right to ask about any sexual partners for 12 yrs, also all info on if I have sought any counseling or treatment from a psychiatrist, diagnosis, medications. I don't want to air out our dirty laundry in front of people and feel I should have some right to privacy
Expert:  FamilyAnswer replied 1 year ago.

You will. Unless this is contested or at issue, it is a basis/ground for the divorce and would allow a judge to order it. If you denied what happened or your medical history was in question and it was relevant to the proceedings, then the Judge could hear it but it could remain privileged and not of public record.

Expert:  FamilyAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, 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 lower ratings to the left, please stop and reply to me. 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 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!