Question #41: My husband and I reside in Atlanta GA and have been married 20 months. We have a 10 month old infant. We have decided that the marriage was a mistake and want to end it now while we can still be friends and raise our child without ill-feelings. My understanding is that there is no “legal” separation in Georgia, so I’m seeking advice on how best to continue running the household financially if he moves out while we settle things (our current set up is he pays certain household bills and I pay others). The second area of questions has to do with a divorce in Georgia … what should I expect (reasonably) in a divorce settlement? And what might I expect in terms of custody arrangements (assuming I retain custody)?

Answer: I do not profess to have any expertise with regard to Georgian divorce law and I would strongly recommend that you seek legal advice from an attorney-mediator specifically trained in divorce mediation who is experienced in Georgia and is knowledgeable about its divorce laws.
In general, with regard to your question about interim support, if the present arrangement is satisfactory, by all means continue it until you have reached a permanent agreement. If it is not sufficient for you to cover your expenses and that of your child, you must prepare a list of all your real expenses, and then a separate list of your income and your spouse’s income ,and then work out a more realistic, temporary, arrangement with your spouse until a more formal arrangement can be made.
With regard to the divorce question and custody, each state has its own requirements regarding custody and spousal support, and I suggest that you consult an attorney- mediator in your area for more detailed counsel. You may locate such a person by calling the local bar association.
Good luck!
Leonard M. Weiner, Esq. /Divorce Solutions