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Old 05-24-2012, 02:13 PM   #1
StephenW
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Default Potential Fault divorce after No Fault agreed on [Ga]

My wife and I separated March 31st when i left our house at her request after agreeing mutually to a no fault divorce.

We have communicated more or less civilly in the interim and shared the care of our dogs. I will take one of them when I am newly situated. However, her father recently accused me of infidelity and asked for my key [we lived in property owned by him]. I denied the allegation and wrote to my wife about it. She did not respond on the subject. She has mental health issues that have contributed to the breakdown of the marriage. She has previously accused me of rape, psychological abuse and emotional abandonment.

This week she has announced that she is going to an attorney for advice. We have no assets, children or property and I do not know what benefit she would gain from legal proceedings beyond a no fault divorce but I feel I should be prepared if she comes back to me with anything.

I am not working full time at the moment and any legal fees would be a major hassle. My wife also works part time but has some financial support behind her in her father. On the chance that she does proceed with a FAULT divorce of some kind I want to avoid being drawn into acrimony and unnecessary expense and to know how I might best proceed.
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Old 05-24-2012, 02:47 PM   #2
AFFA
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Default Re: Potential Fault divorce after No Fault agreed on [Ga]

I wish to inform you that the other party may plan for spousal support or division of your marital assets. In this regard, you can prepare yourself with your earning capacity details. Court can consider your earning capacity which a person like you should have earned and may not go with present earning, therefore, you can collect evidence and information regarding other person and your earning capacity.

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Old 05-24-2012, 08:16 PM   #3
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Default Re: Potential Fault divorce after No Fault agreed on [Ga]

Regardless of how much of a show your soon to be ex wants to put on with accusations and drama, the law provides for no fault divorce. Cause was done away with decades ago. So she cannot get a divorce on the grounds of 'fault' or misconduct of the other party, only a 'no fault dissolution' of the marrieage. Grounds, the marriage is irretrievably broken -- no matter what the cause.


All the judge will want to know is if the marriage is "irretrievably broken." A "yes" to that question is all that is needed.
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Old 05-26-2012, 05:33 PM   #4
Stephen W
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Default Re: Potential Fault divorce after No Fault agreed on [Ga]

I am pleased to say she is filing for a NO FAULT divorce. Ty for the advice and reassurance.
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