We have been married 33 years. He is employed with an annual salary of $70,000 plus dividends of about $20,000.00
I have not worked for any one however I have worked at my own business with a near negative income for several years. I never was able to devote full time energy because I took care of the 2 kids and house. I am 59 with knee replacements needed, a terrible job market too.
How much alimony might I expect. We have little debt, own our cars and only have a mortgage but then the house will be sold for about $450.000.00.

The Divorce Code of 1980 provides that the court may allow alimony to either party "only if it finds that alimony is necessary." Alimony in Georgia is either "rehabilitative" or "permanent".
If the court determines that a spouse is eligible for alimony, the following factors are then considered in the award:

Georgia Annotated Statutes: 19-6-5.

(a) The finder of fact may grant permanent alimony to either party,
Either from the corpus of the estate or otherwise. The following
Shall be considered in determining the amount of alimony, if any, to
Be awarded:

(1) The standard of living established during the marriage;

(2) The duration of the marriage;

(3) The age and the physical and emotional condition of both
Parties;

(4) The financial resources of each party;

(5) Where applicable, the time necessary for either party to
Acquire sufficient education or training to enable him to find
Appropriate employment;

(6) The contribution of each party to the marriage, including, but
Not limited to, services rendered in homemaking, child care,
Education, and career building of the other party;

(7) The condition of the parties, including the separate estate,
Earning capacity, and fixed liabilities of the parties; and

(8) Such other relevant factors as the court deems equitable and
Proper.

(b) All obligations for permanent alimony, however created, the time
For performance of which has not arrived, shall terminate upon
Remarriage of the party to whom the obligations are owed unless
Otherwise provided.

There are no guidelines for determining alimony,thus the judge has discretion about the alimony calculation. There is no "Alimony calculator" in Georgia.

It is going to be a free for all, in court, if you and he can not agree to divorce terms, division of property, alimony
* any child support? ** you can spend 1000's for attorneys and months and months if not years going to mediation, court and more.

After 33 years of marriage I have been asked for a divorce. It will be uncontested I believe.
Should I pay by the hour ($250.00 ) or should I hire an attorney for an opening fee of $5,000.00?
Also how much might I ask for alimony. I never had a job but did entrepreneurial job throughout the marriage. I never made much money but did contribute what ever I brought in. I still need 2 more years of earning for my social security payments so I will continue selling things for the next 2 years and then retire.
Our assets are over

Quote:

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Originally Posted by blueskys00

Should I pay by the hour ($250.00 ) or should I hire an attorney for an opening fee of $5,000.00?

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It is up to you. You may chose fixed fee, hourly, retainer and contingent fees. /Contingent fee means that it is paid only when the Attorney is successful in his negotiations of compensation for you.

Quote:

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Originally Posted by blueskys00

Also how much might I ask for alimony.

---

Without additional information no one can answer you./ Х+Y=100??

Other states have Alimony formulas and I will try to give you an example.

Your soon-to be-ex husband's gross income $ 200,000
-
Your gross income $ 40,000
_____________
= $ 160,000X30%
= $ 48,000 from him to you

The duration of alimony will depend on what kind of alimony a judge will rule-permanent, rehabilitative, transitional, or reimbursement alimony.

The American Academy of Matrimonial Lawyers Formula suggests that alimony should be calculated as follows:
Alimony equals 30% of the payor's gross income minus 20% of the payee's gross income (with the payee's total income including alimony not to exceed 40% of the combined gross income of the parties).

Quote:

---

Originally Posted by blueskys00

After 33 years of marriage I have been asked for a divorce. It will be uncontested I believe.
Should I pay by the hour ($250.00 ) or should I hire an attorney for an opening fee of $5,000.00?
Also how much might I ask for alimony. I never had a job but did entrepreneurial job throughout the marriage. I never made much money but did contribute what ever I brought in. I still need 2 more years of earning for my social security payments so I will continue selling things for the next 2 years and then retire.
Our assets are over

---

Has your husband approached you with any kind of settlement arrangements yet?

Either way you pay an attorney whether hourly or by retainer fee, you are going to get the bill padded from the git go. I'd ask very carefully what the retainer attorney's hourly fee is once he has zipped through your initial $5K retainer. It could be much more than $250 an hour. Also what would his fee include? And as for alimony your attorney can advise you on this. Alimony is not just given due to the fact of a long standing marriage but the woman staying home making a home and not having any skills to enable her to be self sufficient. Also, alimony is only granted for so many months or a few years. It is not a lifetime benefit.

Quote:

---

Originally Posted by blueskys00

After 33 years of marriage I have been asked for a divorce. It will be uncontested I believe.
Should I pay by the hour ($250.00 ) or should I hire an attorney for an opening fee of $5,000.00?
Also how much might I ask for alimony. I never had a job but did entrepreneurial job throughout the marriage. I never made much money but did contribute what ever I brought in. I still need 2 more years of earning for my social security payments so I will continue selling things for the next 2 years and then retire.
Our assets are over

---

The other thing you have to consider is.. does the opposing party have a lawyer? If you both use the same lawyer then you have to remember that the one that hires the lawyer is the one that is represented by that lawyer. It is illegal for them to represent both parties. So if he were to hire one and you don't then your interests may not be represented properly.

If it is really uncontested, you and your hubby and get an attorney to do all the paper work together for about 400 to 500 dollars, 1500 at the max, if again, this is really uncontested.

In a uncontested the attorney does nothing but fill out paper work and file it ( or even have you file it) at the court house, They don't even have to show up at the hearing, just one of you have to show up and agree to all the terms.

If you are both going to have an attorney, it is not most likely going to be uncontested. And can drag on for months and even years with alimony and other issues.
And 5000 for most would just be a retainer to start, not a total fee. So 5000 is dirt cheap for a divorce that is going to be fought out

Quote:

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Originally Posted by GV70

It is up to you. You may chose fixed fee, hourly, retainer and contingent fees. /Contingent fee means that it is paid only when the Attorney is successful in his negotiations of compensation for you. ...

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I don't know about Georgia, but in my jurisdiction, the attorney ethics rules prohibit us from charging contingent fees in divorces.

Will a judge grant my husband his inheritance of $90,000.00? Will I need to give him this amount back at the time of our divorce?

We used this money for the purpose of lowering our mortgage which is held in both our names. We both agreed that it should be used to pay down a mortgage.
He never held this money in his name and immediately paid off $90,000.00 of our mortgage.

This is his thinking. He is asking for the divorce and we are ending a marriage of 33 years with me, a stay at home mom, never having had a real job for over 32 years and at age 59 not very employable.
He will continue to work and earn his $60,000+ salary and $10,000.00 in stock dividends. I have no means of support other then the savings that I will have which will amount to about $350,000 to $400,000.00.

Married 33 years, 2 great grown kids, stay at home mom. I have a degree but have not used it and with this economy I have little or no chance of finding employment. I have not worked for anyone for about 32 years.
We will sell the house as I can not afford to keep it. My assets will amount to about $350.00 to $400,000.00.

Why would a judge "give" (award?) your husband money he spent on the mortgage?

What state are you in?

Please do not open several threads.You may ask a question in your previous one.The subject is the same.

As I said there is no alimony calculator in Georgia.There is no legal requirement that alimony may or may not be awarded.

I will repeat the code:
Georgia Annotated Statutes: 19-6-5.

(a) The finder of fact may grant permanent alimony to either party,either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:


(1) The standard of living established during the marriage;

(2) The duration of the marriage;

(3) The age and the physical and emotional condition of both
Parties;

(4) The financial resources of each party;

(5) Where applicable, the time necessary for either party to
Acquire sufficient education or training to enable him to find
Appropriate employment;

(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care,education, and career building of the other party;

(7) The condition of the parties, including the separate estate,earning capacity, and fixed liabilities of the parties; and

(8) Such other relevant factors as the court deems equitable and proper.



The judge will have the final word and no one can predict what he will decide.

Again... Please do not open several threads.
The trial court judge receives great discretion when converting Georgia marital property into separate Georgia divorce property.

Georgia is an equitable distribution state. This means that with regard to Georgia divorce assets, anything the spouses brought into a marriage usually will not be included in Georgia divorce assets or Georgia divorce property. The only property that comes into the court's distribution is that which is legally classified as property of the marriage subject to Georgia case law.
Non-marital or separate property is property acquired by inheritance or a gift from someone outside the marriage while the parties are married.

I've merged all your threads since they are all related to your divorce. It helps us help you when all the info is in one place. Please use the Answer options to add follow-up to this thread.

As to the question of the inheritance, he voluntarily agreed to use the inheritance as you did. I doubt if a court would separate it in the divorce.

with this economy I have little or no chance of finding employment

That's not true at all. You have an excellent command of the English language and would probably do well working from home proofreading and editing for pay other people's papers, stories, articles, and even books to be published. This isn't the thread to discuss that. Maybe open one on the Writing board?

How can any one know what attorney to use in a divorce case. We are all told "get a good attorney". There are 7 attorneys in my home town. But which one will be right for me?

Are there questions that I might ask to determine this very important trait??
Thanks!
We have assets of $900,000.00 and a 33 year old marriage.

questions to ask a divorce lawyer

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