Law Dopes: Fault Divorce in Georgia

Factual Questions
1

(note to self: copy to clipboard, then preview. Dang hamsters ate this the first time. )

I will try to make a long story short.

In January of 2001, I got married. He was in the Army, and hurt himself, and spent the next 8 months in rehab before he was discharged. He comes home to my father’s home in Florida, then we get an apartment together in Tallahassee. He flat out refused to get a job, and I couldn’t handle everything on my own, so he decided to go up to Virginia to work for a friend of his. This friend paid the rent for me, with the understanding that my husband would be able to send me money after he had worked for a while. This was in October, 2001.

He decided never to come back. I didn’t hear from him until September 2004, when he found my cel phone number online and called me up to find out when I was going to file for a divorce.

I would dearly love to be free of this idiot for all time. Problem is, I can’t afford a divorce, and I certainly don’t think that burden should be placed on me anyway. A no-fault divorce would be the easiest way to handle it, but I can’t afford that either, and he is at fault. Georgia fault grounds include abandonment for over one year, and now he’s had a child with another woman, which proves another fault ground - adultery. There is also the debt to the apartment complex, to the tune of $1500, that I am being held jointly liable for, even though I am fairly certain the lease was in his name, and I was only listed as an occupant. I have called the apartment complex to request a copy of the lease be sent to me.

My question is this. If I sue for a fault divorce, is there a chance that he will be ordered to pay my attorney’s fees and the court costs, if he is indeed found to be at fault? I simply can’t afford to pay the court costs, much less retain a lawyer. I can’t afford this debt. I don’t think I should have to pay for any of it.

I do plan to contact an attorney here in Macon, but I wanted to feel the question out a bit before I go and make an ass of myself in their office. Is what I am thinking reasonable? Any advice is welcome.

2

I’d advise you not to consult law dopes.
:: D&R ::

3

Heh, thanks for that informative post.

It was, of course, supposed to say ‘Law Dopers’. My keyboard tends to forget I pushed buttons.

4

Sorry to say, you’re simply asking for much too informed a response than you’ll get on a message board, Time. No one competent to advise you will do so, because there are a million facts you haven’t included and you’re not covered by our malpractice insurance – and that’s even if there’s someone on the board licensed and expert in the divorce law of Georgia. (I certainly ain’t.) The only advice I can give you is to consult an attorney. I think that most family law attorneys have more than a few clients in similar financial shoes, so you may well be able to find someone who offers a payment plan you can live with.

Good luck,
–Cliffy

5

A quick skim on Google brought up several law schools in Georgia, sometimes schools make students work for cheap. You might check for some free law clinics as well. They might be listed in the yellow pages. As a military spouse, you might be able to find help there, although I’ve not heard many happy endings for military spouses using military services.

I hope your life gets better.

6

Thanks. Life is great, actually, this has become just another loose end that needs tying.

I called the local legal aid office, but their appointments are booked through February.

Cliffy, I completely understand what you’re saying, and it probably is a little too involved to be asking about here. Maybe some lawyer types could give me a few pointers on what to ask when I do go visit an attorney.

7

I am NOT a lawyer and this is NOT legal advice.

I DID, however, get divorced in Georgia (many years ago, not involving Geobabe). Funny, I was just going over those divorce papers ten minutes ago on a credit report dispute. It was an uncontested divorce in 1998, and I paid $164 to a lawyer in Savannah to get it all done. The ex-wife was in Boston at the time, we had been seperated for years. Quick and dirty, low cost, in my case, and worth every penny.

My point is check with people you know, I found my lawyer through a friend. It may not be as expensive as you may think.