Question: I need to know if I have to leave my house because my wife found out I was having an affair. My wife confronted me three days ago after she looked at some of my texts and noticed that they were from one of her friends in the neighborhood and the texts were pretty personal, if you know what I mean. She also noticed stuff on my Facebook and then she went to her friend's house and the friend admitted that we'd been seeing each other for a couple of months. I wished she didn't tell my wife, of course.
I admitted the affair and said I'd stop but my wife really got angry and said I have to leave the house because she said she didn't want our kids and dogs around me any more if I was seeing another woman. She said she probably wants a divorce and that she should get the house, custody of the kids and that I should pay her alimony.
I'm a stay-at-home dad, you know, a Mr. Mom type guy. I stay home with the kids and she works. She works in real estate and I take care of the kids and the house. I used to work in construction but she said I should just stay home because she has a good job.
I don't think being a stay at home dad has been good for me in some ways. I just watch a lot of TV, drink more than I used to, and I think I might be a porn. With all that time on my hands I got to know her friend, who's also my friend. We'd walk our dogs together and drink wine and then we just started a relationship. She even tried to teach me to play tennis.
Now I think we're headed for divorce and I want to know about what's going to happen to the house and the children and if I will have to pay her alimony. We've been married for 27 years so it's been hard and I haven't had a job in 12 years.
R.K. in Milton, GA
Answer: Stay-at-home dads are becoming much more common. We have had many clients who are men who choose to stay at home and raise their children. They find that such an arrangement works best for them and their wives.
Don’t Leave the Home
Just because you had an affair does not mean that you have to leave the home. There is no law that requires you do that. In fact, if you leave, it could be interpreted as abandoning the home and it could have negative consequences for you legally.
It sounds unlikely that you would be required to pay your wife alimony. You write that you haven't worked in years because you have been home with the kids and that she is the one earning an income. Under these facts, a court would be highly unlikely to award alimony to her. Rather, she may be forced to pay alimony to you.
The standard for child custody in Georgia is what is in the best interests of the child. A court would seek to determine what is best for the child under all of the circumstances. You will want to show that custody would be best with you. You can demonstrate that through presenting evidence.
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