Mediation

[Justasoldier]

I'm in Georgia. Currently separated. My wife filed divorce against me. Cruelty for cutting her off for her excessive spending. She was a homemaker throughout our marriage. Concerning mediation.

1. Do I get to keep my pre-marital property?

2. Is marital property split evenly?

3. If my wife is awarded primary custody of my son, what is the max percentage of my income I would be required to pay for child support of one child?

4. How long would I pay child support?

5. What is the possibility of me paying alimony?

6. Can you give me advice or tips on the unknowns whatever they may be?

Thank you!What is the name of your state (only U.S. law)?

 

[mistoffolees]

I'm in Georgia. Currently separated. My wife filed divorce against me. Cruelty for cutting her off for her excessive spending. She was a homemaker throughout our marriage. Concerning mediation.

1. Do I get to keep my pre-marital property?

2. Is marital property split evenly?

3. If my wife is awarded primary custody of my son, what is the max percentage of my income I would be required to pay for child support of one child?

4. How long would I pay child support?

5. What is the possibility of me paying alimony?

6. Can you give me advice or tips on the unknowns whatever they may be?

Thank you!What is the name of your state (only U.S. law)?

1. Yes. You may have to prove that it was pre-marital, though.

2. Not necessarily. GA is an equitable distribution state. That means that while the judge may START with an equal division, they are free to deviate from that quite a bit.
Georgia Marital Property Law

3, 4. You could end up paying child support even if YOU are awarded primary custody if the income levels are dramatically different. Child support is typically paid until the child is 18 or graduates from high school, whichever is later, but not past age 20. There is a spread sheet covering the new GA law. Details here:
Child Support — DivorceNet

5. Not enough information provided. The longer you've been married, the greater the likelihood of paying alimony. The greater the difference in incomes, the greater the chance that the high income individual will pay. The longer the marriage, the longer the alimony - if it is awarded at all. There are no firm rules, but your lawyer can probably give you an idea:
Alimony/Spousal Support — DivorceNet

6. If they're unknown, no one can give you advice. For the KNOWN issues, I would strongly suggest a good attorney. Your odds of a fair decree are greatly enhanced with a good attorney.

 

[Justasoldier]

1. Yes. You may have to prove that it was pre-marital, though.

2. Not necessarily. GA is an equitable distribution state. That means that while the judge may START with an equal division, they are free to deviate from that quite a bit.
Georgia Marital Property Law

3, 4. You could end up paying child support even if YOU are awarded primary custody if the income levels are dramatically different. Child support is typically paid until the child is 18 or graduates from high school, whichever is later, but not past age 20. There is a spread sheet covering the new GA law. Details here:
Child Support — DivorceNet

5. Not enough information provided. The longer you've been married, the greater the likelihood of paying alimony. The greater the difference in incomes, the greater the chance that the high income individual will pay. The longer the marriage, the longer the alimony - if it is awarded at all. There are no firm rules, but your lawyer can probably give you an idea:
Alimony/Spousal Support — DivorceNet

6. If they're unknown, no one can give you advice. For the KNOWN issues, I would strongly suggest a good attorney. Your odds of a fair decree are greatly enhanced with a good attorney.

Thank you Mist...and thank you for the links. With your answers, I do feel better about the eventual outcome. And yes I have from what many people are telling me, the best attorney (female) here in town.

 

[Proserpina]

I'm sorry...but do you feel the gender of the attorney is important?

 

[Justasoldier]

No the gender was not important. This attorney was recommended by other attorneys for various reasons. It was more chance luck and coincidence that I ended up with this attorney.

 

[mistoffolees]

I'm sorry...but do you feel the gender of the attorney is important?

For some people, it might be. Not because of the quality of the attorney, but some women, in particular, might be more comfortable dealing with another woman. Since the entire process requires a very close working relationship between the attorney and client, I wouldn't ignore that if it applies.

I had a female attorney who was exceptional. She was on the state family law board and did a great job for me-always accessible and responsive, so I'm not suggesting that there's any lack of qualifications in women, of course. Simply saying that other factors than legal qualifications might enter into the decision.