Can my wife legally take everything that I have rebuilt since she had an affair and left me?

UPDATED: Oct 1, 2022

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Can my wife legally take everything that I have rebuilt since she had an affair and left me?

About 4 years ago, my wife had an affair with another man and soon after disappeared with her new lover. Then, 3 years ago, I met my current girlfriend and we have built a new life together. Now my wife has suddenly reappeared with a baby that is not mine but carrying my last name and is threatening to take everything that I currently have in our divorce, none of which was present

while we were together as a married couple. Can she legally take everything

from me even though her infidelity is the grounds for our divorce?

Asked on September 1, 2018 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Please, please, PLEASE seek legal help asap.  The general rule is that assets aquired DURING a marriage is marital property for distribution during a divorce AND a child born during the marriage is presumed a child of the marriage, until proven otherwise.  You need an order of filiation proving the child is not yours and your attorney to needs to research case law on the issue of the impact of infidelity on your assets in your state.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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