Adultery can have a major effect on divorce proceedings in Georgia. To put it simply, if adultery can be proved, then the cheating spouse is at a significant disadvantage. However, there are many exceptions to this rule, making the subject of adultery and divorce in Georgia a complicated issue. If you plan on filing for divorce in Georgia and either you or your spouse alleges that adultery is the cause of the separation, you should review the information below and contact an experienced Georgia divorce attorney to discuss your options.
How to Prove Adultery
In Georgia, a person may either file for a no-fault divorce or file under one of 12 statutory grounds. Adultery by either spouse is one of these grounds. However, to prove adultery, the accusing spouse must present substantial and corroborating evidence to the court. And even if the spouse accused of adultery confesses to the behavior, corroborating evidence is still required. In other words, a confession alone is not enough to prove adultery.
How Adultery Affects Divorce
If the court determines that adultery is the cause, then the spouse who committed adultery will not be entitled to alimony. However, for alimony to be denied, it must be proved that adultery was the actual cause of the breakdown of the marriage. Therefore, if one spouse committed adultery, but the actual reason for divorce was some other behavior, then the adulterous spouse may still be entitled to receive alimony.
When Adultery Isn't a Grounds for Divorce
In Georgia, a judge will not grant a divorce based on adultery under these circumstances:
- One spouse engaged in adultery in collusion with the other spouse to cause the divorce.
- The spouse who filed for divorce on grounds of adultery consented to the other spouse's adulterous behavior.
- Both spouses committed adultery during the marriage.
- The spouse filing for divorce on the grounds of adultery previously condoned or forgave the other spouse's adulterous behavior.
Contact Our Lithonia Divorce Attorney
If your spouse has committed adultery and you are considering a divorce, you need an experienced legal advocate on your side. At the law office of E.N. Banks-Ware, we will work diligently to help you achieve a positive outcome in your divorce case. Equally adept at managing highly contested divorces involving allegations of adultery, our primary concern is ensuring that we protect your legal rights. Even when a satisfactory settlement cannot be reached, we are fully prepared to take your case to court.
If you are considering a divorce in Lithonia County or elsewhere in Georgia, please reach out today for a free consultation.