Is Adultery Grounds for a Divorce in Georgia?

In the state of Georgia, there are 13 grounds for divorce. These grounds include factors such as adultery, addiction, abuse, and criminal convictions requiring long-term jail time. An affair is a common reason why couples choose to move forward with a divorce. Whether this is a one-time occurrence or an ongoing relationship, both of these actions significantly impact marriages. However, in order to make a claim of adultery in court, you must show evidence. If the judge finds sufficient proof of an affair, the consequences are severe.

Adultery Impacts on Financials and Assets

If you are able to prove your spouse’s infidelity to the court, alimony will be the first item to work through. Unfortunately, the spouse accused of adultery will not have access to these funds. Only the spouse who did not commit adultery will receive alimony or spousal support.  Equitable division of marital property is the next item on the list in your divorce case. Since Georgia is an equitable distribution state, a couple’s marital property is not divided equally. Instead, the court determines the fairest division. Because your case is based on adultery, the court may take evidence of the affair into account when deciding the division of assets. As a result, they may rule in favor of the innocent spouse. This decision is also directly impacted by any martial funds spent by the guilty spouse on their lover during the affair.

Impacts on Child Support and Custody

Child support and child custody are also areas to be determined during these adultery cases. Although child support may not be directly impacted by an affair, custody could be. If the guilty spouse exposed their children to their lover, the court could decide that the parent did not act in the best interest of their children. As a result, custody agreements could be ruled in favor of the innocent spouse.

Are You Facing a Divorce in Georgia?

Adultery has significant impacts on marriages and divorce cases.  If you are facing a divorce, you should contact an experienced attorney. We understand how much a divorce can uproot your life, especially when an affair is involved. We are confident our team can advise you concerning divorce laws in Georgia and your rights with compassion and understanding. At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Family law attorney Trinity Hundredmark has over a decade of experience representing clients divorcing in Georgia.  For more information, contact our law office at 1-770-822-0900.