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1. The marriage is irretrievably broken
2. Intermarriage by people within the prohibited degrees of kinship
3. Mental incapacity at the time of the marriage
4. Impotency at the time of the marriage
5. Force, menace, duress or fraud in obtaining the marriage
6. Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
7. Adultery during the marriage
8. Desertion
9. The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
10. Habitual intoxication
11. Cruel treatment
12. Incurable mental illness
13. Habitual drug addiction"
Again I don't know your history but likely, #1 is what will happen in your case, barring any other things not known here on this thread. She could try to use #11 Cruel Treatment but really, a judge will laugh in her face if she presents conspiracy theory about "vaccine shedding." If she has hardcore evidence of cruel treatment (such as audio/video of you treating her in a cruel manner) then she might have a leg to stand on.
Your concern should be disposition of property and custodial/child support for the 2 minor children. Did she work during the marriage? Was it enough to support herself? That's what happened to me. I had more often worked than not, so I did not get spousal support. I refused to pay child support because he had 4 sources of income and I had one. His attorney relented on that one and wasn't happy he'd been lied to.
Last edited by pathrunner; 10-20-2022 at 12:13 PM..
Reason: added the bold text
There is something interesting at this link regarding "losing the marital home." I am not an attorney but this language is interesting:
"Can a Conduct for Divorce Affect My Settlement?
In Georgia, fault in the breakup of the marriage can affect the outcome. For example:
If your conduct (such as an affair or cruel treatment) causes the breakup of the marriage, the judge may decide it is not fair to make the innocent spouse lose the marital home or may award a greater percentage of marital property to the innocent spouse."
Your wife went down a conspiracy theory rabbit hole, and has decided that you are a danger to her because of "shedding a vaccine." The judge may not may not make a face depending upon his/her temperament. It's Georgia so a judge is likely to be pretty conservative (favor a wife), but you never know. Attorneys and judges are left brain/rational people and probably see conspiracy theories as hogwash.
A judge will likely simply see your situation as irreconcilable differences, but still: disposition of property should be fair to you. Only your attorney can decide how he wants to approach this. He should really fight for you to make sure you don't get shafted financially with regard to money and any property (house). Let him know that you expect him to do that. Attorneys are often friends socially and go soft on each other. If you're in a small town this could affect representation. In a city it still could, but less likely (I worked in law for over 30 years, and saw many attorneys in San Francisco who knew and "hail fellow well met" each other).
At the very least, in my opinion in this case property should be equally divided and not punitive toward you - as long as there is no other extenuating reason. Same with respect to spousal support.
Last edited by pathrunner; 10-20-2022 at 12:15 PM..
Reason: typo
This could be a problem if you've said anything during an argument or discussion that constitutes emotional abuse as defined by Georgia law (not Texas).
"As with any fault-based claim, there is a burden of proof. You and/or your lawyer must have evidence of the cruelty for the divorce petition to be granted. To prove emotional abuse, the evidence submitted might include:
Audio or video recordings
Documents
Screenshots of texts or social media messages
Witness testimonies"
1. The marriage is irretrievably broken
2. Intermarriage by people within the prohibited degrees of kinship
3. Mental incapacity at the time of the marriage
4. Impotency at the time of the marriage
5. Force, menace, duress or fraud in obtaining the marriage
6. Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
7. Adultery during the marriage
8. Desertion
9. The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
10. Habitual intoxication
11. Cruel treatment
12. Incurable mental illness
13. Habitual drug addiction"
Again I don't know your history but likely, #1 is what will happen in your case, barring any other things not known here on this thread. She could try to use #11 Cruel Treatment but really, a judge will laugh in her face if she presents conspiracy theory about "vaccine shedding." If she has hardcore evidence of cruel treatment (such as audio/video of you treating her in a cruel manner) then she might have a leg to stand on.
Your concern should be disposition of property and custodial/child support for the 2 minor children. Did she work during the marriage? Was it enough to support herself? That's what happened to me. I had more often worked than not, so I did not get spousal support. I refused child support because he had 4 sources of income and I had one. His attorney relented on that one and wasn't happy he'd been lied to.
Thanks you for all the above. I agree #1 makes the most sense. With #11 could be what the vindictive would try for.
She has mostly not worked during our marriage. She has the last few years- part time- at a retail shoe store. She has not brought much money in at all...works about 3-4 days a week. It was just to supplement us some.
She has very wealthy parents. They will help her (per my wife) find a new home and get on her feet. She is doing the schooling, which will get her the certificate she needs to be a health counselor, but its 1 year down the line. How would the judge/court see that her parents are helping her? Does it matter? Any logical person knows that she will have to pay most of her bills with some alimony from me, right? Meaning she would have to get a fulltime job (it's confusing with her parent's role). Me? I'm on my own....
Well.... that doesn't really fall under "cruel treatment." See the link that defines emotional abuse. If she has screamed and yelled and instigated violence herself, or instigated him to violence (even verbal) that would likely constitute "cruel treatment." Your attorney will know the answer to that for Georgia.
Your attorney will ask for financials that include an amount that her parents will be providing to her. They will likely be required to document it (bank records).
You say her parents will help her find a house. That will eliminate the need to negotiate a division or a sale of the house. Your wife will likely ask for her half of the value of the house, to offset any help her parents give her. This is where negotiations by your attorney will come in. I told my ex husband's attorney that NO WAY was I paying any child support because he had a very well to do mother, a woman who was well to do he was marrying, his sister's money (they had a house together and he was paying nominally), and his own salary. If the parents are contributing to her welfare in terms of housing your attorney can ask for the details and that can offset things. You will likely pay some child and spousal support for a while but it could possibly be reduced.
Ask your attorney how long women are given spousal support before they are expected to forego it. In some states it is 5 years. You will likely be asked to contribute to any college expenses for all 3 children.
I haven't read this whole thread. I'm guessing your wife has hemochromatosis.
Has she considered that even if she is right, that it's a moot point? Surely she understands that you would have never done anything to hurt her knowingly ... Have you told her that? Does she understand that 70% of the population is vaccinated & that there's no way to escape the shedding, even if you had not vaccinated?
It's also a moot point because if spike protein shedding IS causing her symptoms, that means that exposure to the virus will too, even if she is not infected. Just mere exposure is all it will take. Does she understand that?
As a person with hemochromatosis, she is at risk because the sars-cov2 spike protein causes clumping by binding to the CD147 on red blood cells. Unfortunately, the full length spike genome was encoded into the vaccine. If the vaccines are shedding, this could actually cause problems for her.
But regardless of viral exposure, vaccination or even the possible shedding; she needs to understand how to take care of herself by using therapeutics that bind onto the sars-cov2 spike protein, which will prevent it from locking onto the CD147 on her red blood cells.
Look, I'm as anti-vax as they come & was so long before covid but I would NEVER blame a vaccinated loved one for what she is blaming you for & I'm so sorry this is happening to the both of you. I have no qualms about spending as much time as I possibly can with my vaccinated loved ones. I know how to protect myself.
As always, good post. I'm surprised the OP immediately took you to be on his wifes side. He probably saw you say you're anti-vax and that was it, he forgot everything he read.
Apparently his wife only thinks vaccine shedding hurts her and not being around people exposed. Wonder if she's had COVID but did not know it? It's very possible because I know people who were barely sick or not sick at all who found out while going on vacation which they had to cancel because they tested positive. None of their kids got COVID from them. She could have had COVID which sent her health crashing like it's done for my daughter who had it in January and just tested positive Tuesday, yet she rarely goes out. She's so anemic she will need at least two infusions. She was supposed to go Wednesday but had to cancel because she tested positive again.
OP, I'm not saying I believe in shedding. I honestly do not know. I had bad headaches after my hub got his Moderna vaccinations and booster. I did get the J&J which almost closed my throat plus side effects for about a month so, so no more vaccines for me.
If your wife was affected by vaccine shedding, what side effects did she have from your vaccine? I would think she would have actual side effects such as women have their monthly flow messed up from it. Someone posted in the health section his wife was still dealing with it twice a month after the Pfizer last year.
Quote:
Originally Posted by SeminoleTom
Interesting points. It does not align with some of the other posts. For example, look at post #49 on page 5.
Below is a snippet (bolded). You sound a lot like my wife's viewpoints. I'm in no way insulting you. Its good to get other opinions. The problem I have with what you say and what my doctor said is a 180 in terms of shedding. One of the problems I have with social media during the covid era is everyone has become an expert from just shopping at Walgreens or other family drug store. We basically have got to the point of minimizing the years of studying it takes to be a doctor and scientist. Really with today's social media and internet any point could be taken and proven with "facts" and data that can be found at the ends of the dark internet. I don't know, I'm over it. I rather trust my doctor- I'm no do doctor or scientist and don't have time to "do my own research"... which would take years (again the minimizing of doctors).
Like I said, I agree with my wife on a lot. I do think there is a time and place for holistic medicine-- probably even before traditional meds and drugs. But at some point you have to draw the line and say we have crossed a line here on some of this (IMO). The vax is a perfect example IMO.
I really appreciate your post and points about not blaming a vax person. Again, I respect your opinion but it doesn't align with most doctors. Thoughts?
There is no weakened virus in these 'vaccines'.
Why is that important?
BECAUSE, while it IS possible to have viral shedding after a vaccine, it requires that a weakened virus be used as the basis for the vaccines. That's not the basis or science behind any of the vaccines that are currently being used for COVID-19.
Vaccine shedding occurs if it comes from a live attenuated vaccine - meaning it contains a weakened virus.
These shots do not!
Examples of shots that do:
Mumps
Measels
Chicken Pox
NOT Covid.
It's amazing that this is all you got from her reply? She also suggested your wife see her doctor to find out what is going on. When was the last time she had treatment for her health issue? Was it recent?
How long ago did you get the vaccine?
Quote:
Originally Posted by SeminoleTom
Thanks you for all the above. I agree #1 makes the most sense. With #11 could be what the vindictive would try for.
She has mostly not worked during our marriage. She has the last few years- part time- at a retail shoe store. She has not brought much money in at all...works about 3-4 days a week. It was just to supplement us some.
She has very wealthy parents. They will help her (per my wife) find a new home and get on her feet. She is doing the schooling, which will get her the certificate she needs to be a health counselor, but its 1 year down the line. How would the judge/court see that her parents are helping her? Does it matter? Any logical person knows that she will have to pay most of her bills with some alimony from me, right? Meaning she would have to get a fulltime job (it's confusing with her parent's role). Me? I'm on my own....
You're not in a good position for a divorce since she doesn't work. You'll pay 25% child support plus whatever in alimony until she shacks up with someone, remarries or it could be life time in Georgia. In NJ where I am, I got none in 2001, I was told that even though I did not work during the 7 year marriage, I could go out and get a job even though I had never made anything close to what my ex brought home, his salary was more than double what I used to make. Your attorney needs to make this point as well. She works part time so no reason she can't work full time since the kids are all older.
You're going to lose a portion of the house. Georgia law is not set in stone, you may get 25%, she 75% or you could be made to pay for her and the kids to live there.
I honestly don't see her parents playing an active role in what you're made to pay her in this divorce. She is an adult, her parents do not have to supplement her income when you're the one responsible to do that as the working spouse. I'm sorry to say this but go read about divorce in Georgia, you will see it is dismal for the working spouse. My father never divorced my cheater mother because it was cheaper to keep her as she also did not work. My dad came here as an immigrant in 1957, he did not want to lose everything he worked for. Up until he died, she had her bedroom while he had his in the same house.
My advice is to put it off as long as you can while she gets her degree and a good job. If not, when she does get the better job, you go back to court to reduce alimony. Also be careful with what you promise for the kids. Are any going to college? What will that look like? Do they take out their own federal loan while you and the wife get a parent plus loan? Also what about child support? A college kid could be entitled to get child support while they're going to school. My son did. I had my bank account linked to his which is easier to do now, I used to transfer the child support straight to him. You'd be better if you some how paid your son's college support directly to him or a bank account with both of you and your sons names on it if you do decide to support him. In Georgia you are not required to continue child support after the kid graduates high school or turns 20, which ever comes first so that is a huge plus. Wish I googled before typing all the above out. Be smart about what you promise to do with college for any of your kids. You do not want to be paying for it for the rest of your life.
Can child support continue after 18 if child is in college in Georgia?
Neither a court or jury can require a parent to continue child support beyond age 18, with the exception of requiring support to continue until the child either graduates high school or turns 20, whichever occurs first.
I suggest you google divorce in Georgia and alimony in Georgia. There's a lot of info in the "people also search for" such as it matters who files for divorce first because they speak first and last in court.
You could also claim the lack of intimacy but I'm not sure under which of the 13 reasons it would fall under. In Georgia you have to pick at least one of the 13 reasons.
Personally, I think you guys choosing to divorce is way too fast. You didn't make this thread that long ago. Out of 20 something years of marriage you have a rocky few COVID years like a lot of people have, sounds like you're both ready to just up and be done. You had said that 80% of her is good, it's just this one topic that you disagree on. Is that a reason enough to throw away 20 years? Life will be hard, not only for you but your kids too plus she won't have it easy. I'll be surprised if your girls don't turn on you since they agree with her thinking.
Good luck Tom, you're going to need it. I'm so sorry your marriage appears broken so badly it can't be repaired.
*Are you the only one with a 401K? Curious if you started one for her like my hub did for me. Then you may not have to give her half or more of yours. Ask your attorney what if you started one for her would that be in your favor?
Is a sexless marriage grounds for divorce in Georgia?
Although a sexless marriage is not listed in the law as a ground of fault for absolute divorce or divorce from bed and board, it can be strong evidence for a court to find constructive abandonment.
Tom, I recommended a book to you in a pm. I highly recommend it. Its been a Godsend to me..
There are going to many a quotes, phrases etc people throughout will give to you. Its great people try to help. But, its an overwhelming time, many questions unanswered.. It doesnt get any better until you start taking care of you.. Hard as it sounds, you cant control her, or her thoughts. But you can control You..
Couple of notes, two primary reasons people leave are unattraction and dont see a happy future.. People will argue.
Fine, but in life there is a Paradox of choices, especially with the internet and social media giving you a buffet of choices daily, instantly, billions of choices.
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