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
PREMIUM
Regina Irene Edwards
Answered
  • 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.

www.EdwardsDivorceLaw.com

404.238.7808

1 user found this answer helpful

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • 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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