[GA] How do I divorce an abusive spouse whom I’m afraid of?

Lexi, Chatbot

I'm so sorry to hear about what you're going through. Have you considered seeking legal help or counseling for your situation?

Lexi, Chatbot

Are you looking for advice on how to protect yourself and your assets in this abusive relationship?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with your abusive relationship.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
You want to get divorced, but want to know what you would be entitled to?

Jon

I can address that all for you.

I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

Jon

It really sounds like you're going through an incredibly painful and overwhelming time right now. Just reaching out and trying to understand your rights takes a lot of strength—and you're absolutely right to do so. Your friend is correct: your husband can’t just “take everything.” That’s not how it works in Georgia.

When a couple divorces in Georgia, the law requires what’s called equitable distribution of marital assets and debts. That doesn’t mean everything is split 50/50, but rather in a way the court believes is fair based on your unique situation. The judge will look at things like the length of your marriage, your financial situations, and how both of you contributed to the household, both financially and otherwise.

Anything acquired during the marriage—regardless of who earned it or whose name is on it—is generally considered marital property. That includes your house, cars, bank accounts, investments, and even furniture. There are exceptions: anything you owned before the marriage, or received as a gift or inheritance specifically for you, is usually considered your separate property. So if you had student loans or credit card debt before getting married, that would probably stay yours. But any debt you and your husband took on while married could be considered joint, depending on the circumstances.

Your husband’s Social Security benefits can’t be split directly, but his higher income from them could influence decisions about how to divide other assets—or whether you should receive alimony. Based on what you've shared—his larger income, your debt load, and your emotional state—it sounds like you may have a strong argument for spousal support.

Alimony isn’t automatic, but in longer marriages (often over ten years), it’s definitely possible. The court will consider things like your health, age, ability to support yourself, and the standard of living you had during the marriage. The emotional toll this relationship has taken on you, including signs of stress like drinking and nail-picking, might be part of the picture too, especially if there’s been abuse.

As for your pets, Georgia law treats them as property. If you got your cats during the marriage, they’re considered marital property, but if you had them beforehand, they’re likely yours. That said, judges increasingly look at who’s actually been caring for the animals and who’s better suited to continue that care. If you've been the one feeding them, taking them to the vet, and generally providing for them, make sure you have some documentation to show it. That can help your case, especially if your husband has shown neglect or aggression.

Your car will be handled the same way: if it was bought during the marriage, it’s likely marital property, even if it’s in your name. But if you owned it outright before you were married, it may stay yours. Any loan balance on it would be considered in dividing debt.

Above all else, your safety comes first. If there’s any chance you’re in danger, please don’t wait to get help. Keep a written record of everything that’s been happening—dates, threats, incidents, how it affected you. This documentation can be important later on. Try to gather financial paperwork too—pay stubs, bank statements, tax returns, anything that shows what’s yours and what you’ve contributed.

It’s important that you talk to a lawyer who knows Georgia family law. Your detective friend gave you good general advice, but a family law attorney can help you understand exactly how the law applies to your situation, advocate for what you’re entitled to, and make sure your rights—financial and emotional—are protected. If cost is an issue, there are free legal services in Georgia that might be able to help. Georgia Legal Services Program supports people outside metro Atlanta, and Atlanta Legal Aid helps those within it. There’s also the Georgia Victim Legal Assistance Network.

For domestic violence support, the Georgia Coalition Against Domestic Violence has a 24/7 hotline at 1-800-334-2836. You can also call the National Domestic Violence Hotline at 1-800-799-7233. And if you’re worried about your pets’ safety, Ahimsa House is a Georgia-based organization that helps domestic violence survivors and their animals escape together.

If you're thinking about leaving or feel like you might have to act quickly, it’s wise to create a safety plan. Have a small bag ready with your essentials—documents, meds, money, clothes, pet supplies—and keep it somewhere safe or with someone you trust. Make sure you know where you can go if you need to leave in a hurry.

And if you’re on a tight budget or have low or no income, consider searching for a county legal aid office nearby on Google. They may offer free legal assistance.

Jon

I'm glad to hear you have a plan and that my advice about finding pet-friendly places was helpful. It's completely understandable to feel scared about the possibility of someone trying to ruin you and leave you with nothing if you split up. That fear is real and valid.

Remember, you're taking important steps to protect yourself and plan for your future. Knowing where you can go with your animals is a crucial part of that plan and can provide peace of mind. Keep prioritizing your safety and well-being as you move forward.

I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!

Jon

Very welcome, glad I was able to help!