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What You Should Know About Divorce As A Non-Working Spouse In Georgia?

shutterstock_735366892What Are Some Reasons It Could Be More Challenging For A Stay-At-Home Parent To Initiate A Divorce?

For several reasons, a stay-at-home parent can find it more challenging to initiate a divorce. The primary reason is that the stay-at-home parent usually has no financial resources to stand on their own just because they’re not working. That makes it hard to start a divorce, hire an attorney, or move out and get a place to live.

How Can Stay-At-Home Parents Overcome Challenges When Filing For Divorce?

The stay-at-home parent can overcome financial challenges when filing for divorce by deciding to get a job. And, if you have money before the marriage, Nancy recommends putting it aside and keeping it as your safety fund.

If you commingle money in one account, it becomes marital property. So, you only want to contribute to a shared bank account if you intend to make it marital property.

My Spouse Wants A Divorce, I’m A Stay-At-Home Parent, And My Working Spouse Controls The Finances. Will I Be Able To Hire An Experienced Georgia Divorce Attorney?

Suppose you are a stay-at-home parent, and your spouse wants a divorce. If they control the finances, you should look for an attorney who will file for attorney’s fees against the other spouse.

Each attorney sets their own fees and their own policies, and not every attorney will offer their services on this fee basis. However, if you look around, you might find an attorney willing to take your case without upfront money in exchange for the right to file against your spouse for attorney’s fees.

It doesn’t matter who initiated the divorce for this to apply; the judge can order either party to pay attorney’s fees.

As A Stay-At-Home Parent Who Is Now Facing A Divorce, Will I Receive A Fair Division Of Assets If I Don’t Financially Contribute To Our Income?

You don’t have to have a wage-earning job to contribute to the family. This is because the court considers all factors as a contribution to income, including the following:

  • If you’ve done the majority of the work in the home as a stay-at-home parent
  • If you’ve been taking care of the children
  • If you’ve been taking care of the house
  • If you’ve been running errands for the household
  • If you’ve been taking the kids to their medical and dental appointments
  • And more…

Is A Stay-At-Home Parent Automatically Favored In A Custody Arrangement In A Divorce?

The Georgia statute does not favor either parent for custody in a divorce. Instead, the court looks at the relationship between the parent and the child and several other factors.

Suppose the parent has developed a stronger bond with the child because they stayed home. In that case, that could lead to them being more likely to have custody. Still, there are many factors that the judge looks at, and they can consider factors outside the statute at their discretion.

For example, the statute doesn’t mention attendance at school. Still, Nancy had two cases recently where the parent who had the child and didn’t make sure the child went to school regularly lost custody primarily due to the failure to attend school as required.

Is The Parent Who Works Outside Of The Home At A Disadvantage When It Comes To Custody Matters In Divorce?

A parent working outside the home may be disadvantaged regarding custody matters in a divorce. Their work situation may influence the judge to consider the bonds between parent and child, and frequently, the parent who takes care of the children the most has a stronger bond with the child.

With the guidance of a skilled attorney for Family Law Cases, you can have peace of mind knowing that Nancy Burnett will help you and your children.

For more information on Divorce For A Non-Working Spouse In Georgia, an initial consultation is your next best step. Get the information and legal answers you seek by calling her office at (706) 280-7152.

Burnett Law

Call For Consultation
(706) 280-7152

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