Asked in Family Law, Child Custody, Juvenile Law and Lemon Law for Georgia

Q: My wife and I had our son before we got married. He is almost ten years old now . Should I still legitimize him?

Also I have police reports where one guy "her ex" kicked the door in and broke TV and caused a really big scene in front of my 9 and 3 year old because she had another man in the bed with her. It's adultery. How long do I have to file a divorce to commit her for it? I just don't want her to run with my boys. Please help

2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The marriage legitimated your child, so you don't have to file to legitimate him. Filing for divorce based upon adultery doesn't give you an advantage unless there is a possibility of alimony. Most people divorcing are sleeping with someone else, so judges don't care anymore. 99% of divorces are granted on a no fault ground. You can only use adultery as a reason as long as you haven't forgiven her or resumed the marital relationship after you found out about the affair(s).


Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2018.


1 user found this answer helpful

P. Justin Thrailkill
P. Justin Thrailkill
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Your subsequent marriage legitimated the child. You need to meet with an attorney to discuss filing for the divorce now.

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