Vault: Listeners ask a divorce attorney anything

Divorce season is in full swing, and Georgia divorce attorney Evan Summerstein joins The Bert Show to answer urgent listener questions with blunt clarity. Contrary to popular belief, filing for divorce in January doesn’t offer tax advantages—legally, you must be married on December 31 to file jointly. More critically, while adultery can bar alimony in Georgia, it rarely impacts the division of marital property, which is typically split 50-50 under equitable distribution. A major revelation: you don’t need your spouse’s consent to divorce—just file a complaint and serve them via publication if necessary. Even in high-conflict cases, such as a cheating spouse who drained accounts, the victim still retains full rights to shared assets. The show also exposes a dangerous myth: recording a spouse’s affair without being part of the conversation is illegal. For those without funds, courts now offer robust pro se (self-represented) resources—free forms, instructions, and guidance—making divorce accessible even without an attorney. And when attorneys stall, the solution isn’t just patience—it’s direct confrontation: schedule an in-person meeting to demand answers. If the attorney is truly obstructing, switch firms. The message is clear: divorce is not a negotiation with your spouse—it’s a legal process you can control. The episode dismantles common myths with surgical precision. Adultery doesn’t cost you your house, your kids, or your share of the savings.