- by Mary Stearns-Montgomery
- in Divorce
Georgia Adultery Laws
One of the most common causes for divorce in Georgia is adultery. Georgia divorce law defines adultery as heterosexual or homosexual intercourse between a married person and someone other than the spouse. In a situation of adultery, one of the most frequent questions asked from clients is “how does my spouse’s infidelity affect my divorce case?”
Proving Adultery in Georgia
While adultery is a significant fault for the outcome of divorce, proving adultery can be difficult and sometimes impossible unless the adulterer is open about the affair. If the adulterer lies about any involvement in a sexual relationship and the evidence corroborating the existence of the affair is not enough to prove that it is more likely that it occurred than not occurred, it will be insufficient to grant a divorce. The accused cheating spouse can invoke their Fifth Amendment right against self-incrimination. In that case, the court may infer that the adulterer’s answer to the question posed is yes. Although the adulterer can spare himself, and his lover, the embarrassment of the details, the court will be able to grant the divorce based upon adultery.
Outcomes of Committing Adultery in GA
If your spouse has been proven to have committed adultery, they are barred from receiving alimony and support. While equitable distribution usually results from divorce, there may be reasons to give a disproportionate amount of the marital estate. In the case of adultery, the innocent spouse will not necessarily receive more from the settlement if they proved their spouse cheated and sexual relations outside the marriage occurred.
If you have children, infidelity has no affect on child support as that will be viewed by Georgia courts as an independent case. If a parent committed adultery in the presence of their children and brought their new significant other around the children, this parent acted contrary to the children’s best interests, which can result in that parent losing the custody battle.
Speak With Our Experienced Atlanta Divorce Lawyers Today
If you have discovered your spouse has cheated, seek legal advice with an experienced Georgia divorce law attorney to discuss your case including evidence you may have and steps to file for divorce. The divorce attorneys at Stearns-Montgomery & Proctor will help you understand the Georgia divorce law including best practices and the potential outcomes. Schedule a consultation today at 678-971-3413 or complete our contact form.