I have been working with a local lawyer regarding my divorce and I want to validate the outcome of the draft settlement, e.g. get a second opinion. My wife's affair is the root cause of the divorce and regardless of that she is entitled to proceeds from the QDRO, division of household equity, and child support due to the income ratio gap, even though we split the parenting time 50/50. No alimony, but I still struggle with the child support which has me paying 85% of the state minimum even though our sons spend equal time with each parent. My current attorney informs me that the law dictates the amounts regarding fault. Is this truly the case, or do you have a different point of view?
I am not licensed in Georgia. I recommend that you always consult an attorney in your state. The normal presumption for division of assets is 50/50 regardless of fault. Therefore, if Georgia is a no-fault state then no consideration would be given to your wife's affair when dividing the marital assets. Support can be ordered in cases where you have 50/50 custody. It should not be ordered if both husband and wife have equal income. However, if you make considerably more income than your wife then you will be obligated to pay support.