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

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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

Answers:

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

Answered 3 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.


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