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The Bert Show

Vault: Listeners ask a divorce attorney anything

The Bert Show

The Bert Show

News, Comedy, Entertainment News, Society & Culture

4.14.4K Ratings

🗓️ 4 June 2026

⏱️ 15 minutes

🧾️ Download transcript

Summary

Vault: Listeners ask a divorce attorney anything

Transcript

Click on a timestamp to play from that location

0:00.0

The Bird Show.

0:02.0

Evan Somerstein joins us. How are you this morning? I am doing great. Good morning. Evan is our divorce attorney here. This is the time of year, right? I mean, everybody's been holding out. Everybody makes it through the holidays and then the phone starts ringing. Do you get it like right on January 2nd? Are the voicemails, are you at full capacity when you go into the office? We get back in the office after the vacation. You have accountants that have tax season. Well, this is like Evans like Super Bowl. Yeah. This would be the divorce season. No doubt. The divorce season. And we can use the voice disguiser on you guys also. Is there anything, was there anything to holding out till the new year to file any advantage of holding out

0:40.0

to 2010 rather than being it in 20 you mean like a tax like a tax break yeah or something like that

0:44.7

yeah i guess the last minute christmas presents but outside of that legally nothing no nothing

0:49.1

you have to technically you have to be married on january one or actually December 31, to file jointly for the previous year.

0:56.2

Okay.

0:57.4

So if you're having a problem with your divorce right now or you've been thinking about it strongly,

1:02.5

and you haven't even started yet, then give Evan here a call, and we'll hook you up.

1:06.9

404-741-Q-100.

1:08.9

Hey, Amy, you're on the voice disguiser.

1:10.7

Hey, there. I have a quick question about the rules of alimony and infidelity in Georgia.

1:15.7

If you can prove infidelity, do you have to pay alimony?

1:19.6

Under Georgia law, adultery is a bar to alimony.

1:24.4

So if the divorce, if the cause of the divorce is adultery, then that would stop you from being able to receive alimony. So if the divorce, if the cause of the divorce is adultery, then that would stop you

1:28.6

from being able to receive alimony. Okay. So if you are in a relationship and the adultery was

1:35.1

a few years back, does that nullify that cause? Well, Georgia has something called condemnation.

1:40.4

So if that behavior has been forgiven by your spouse and you guys have tried to move on and reconciled after the fact, then you can't later raise that as an issue as the cause of the divorce. So it wouldn't be a bar at that point. So what's the timeline on that, though? So let's say Stacey comes home. She screws around on me. We try to make it work. I try to make it work as hard as I. I've

2:02.2

tried everything. It takes me a year to realize that it's not going to work. I don't think there's any

2:07.7

real timeline, what it really comes down to is, did you guys reconcile or not? I mean, did you get

2:11.5

back to, did you get past it? Did you forgive her for her behavior? And then in essence,

2:15.7

what the judge says is, look, you forgave her. Why should I not forgive her for the same behavior?

2:19.2

There's such a gray area, what the judge says is, look, you forgave her.

...

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