Adultery as a Grounds for Divorce in Georgia

Adultery as a Grounds for Divorce in Georgia

Many relationships are ruined by infidelity.   Georgia is a no-fault divorce state, which means you don’t have to necessarily accuse your spouse of any malfeasance in order to be divorced. So now the question remains;  is there any advantage to filing for divorce based on adultery? As a matter of fact es. Infidelity in a marriage can influence alimony, property split, and even child custody if it can be established conclusively. There are, however, drawbacks to this.

“A married person commits the offence of adultery when he willingly has sexual intercourse with a person other than his spouse and, upon conviction thereof, must be penalised as for a misdemeanour,” according to Georgia’s Code of Criminal Conduct, Title 16, chapter 9, section 9. Adultery is considered a criminal offence in Georgia and is classified as a misdemeanour.

Keep in mind that it will be a major damage to the unfaithful spouse if you file for divorce on grounds of adultery. Adultery in Georgia requires substantial proof and might be difficult to prove without the assistance of a Georgia divorce attorney.

The Advantages

There are 13 reasons for divorce in Georgia. The majority of divorces are filed as “irretrievable breakdown of the marriage,” which involves no blame or proof. The most prevalent reason for divorce is adultery in the marriage. While revenge may be a motivator, the main benefits of filing for divorce for infidelity are more practical in nature:

  1. The wandering spouse is not eligible for alimony if the marriage was ended by adultery.
  2. If one spouse spent marital assets on an extramarital affair, the other spouse may be entitled to compensation in the property settlement.
  3. The court may decide not to “reward” adultery by giving the unfaithful spouse the house or other significant assets.
  4. Adultery can play a role in determining custody and visiting rights.

The Drawbacks

While this may have its advantages, there are more reasons why infidelity should not be used as a divorce ground:

  1. The court demands acceptable proof, which generally entails hiring a private investigator to track down and capture your spouse in the act. It’s possible that this will cost a significant amount of money.
  2. Adultery, especially previous infidelities or inadequate proof, may be deemed insufficient grounds for divorce by the court.
  3. You’re revealing your marriage’s “dirty laundry,” and divorce processes are open to the public.
  4. After learning that Mom or Dad was unfaithful, your children may feel embarrassed, humiliated, or might even be bullied.
  5. Divorce processes become more expensive and acrimonious.

Things to Remember

A court will not award a divorce if the adultery happened as a result of one of the following circumstances:

  1. The adulterous spouse committed adultery (in conjunction with the other spouse) in order to end the marriage, i.e. the spouses exploited adultery to end their marriage.
  2. The spouse who filed for divorce due to infidelity consented to the other spouse’s behaviour (i.e. open marriage).
  3. Adultery has been committed by both spouses.
  4. Previously, the accuser had forgiven or approved the infidelity.

In divorce and custody cases, there are certainly some instances where spouses might exploit infidelity or domestic abuse as leverage. If you are accused of marital infidelity (fairly or unjustly), there are legal defences that can be used against you in court. In such an instance, There needs to be an attorney  who understands how to refute claims, fight for the admissibility of evidence, or demonstrate that the conduct has no relevance on property, custody, or financial support issues.

If you want to file for divorce on the grounds of adultery, you should speak with a divorce attorney about your case if you believe you may have been involved in one of the instances listed above.