Submitted by Abbott Law Group on
Deciding to file for divorce is heavy enough without also having to decode complex state laws just to start the paperwork. In Georgia, the law requires you to state a legal reason for the split. If you are feeling overwhelmed by the thought of filing, take a deep breath; the process is actually more straightforward than it seems.
Definition of Adultery in Georgia
The state of Georgia recognizes thirteen legal grounds for divorce under Code § 19-5-3; twelve of these are at fault, but the single no-fault ground is if the marriage is “irretrievably broken.” This is the most common choice and means that the relationship is beyond repair. Adultery is defined as a married person who voluntarily has intercourse with someone other than their spouse. Adultery is one of the twelve at-fault reasons, but you may be required to provide proof of the accusation. Because proof can be hard to come by, and a court battle may open both parties up to unwanted scrutiny, many people will choose to file a no-fault claim even if adultery can be proven.
Impact on Financials and Property
There are several areas where divorce on the grounds of adultery can be affected:
- Alimony (spousal support): This is court-ordered financial support paid by one ex-spouse to the other during or after a divorce or legal separation. The party who committed adultery and prevented the reconciliation between the parties, if proven, is barred from receiving alimony under Georgia law, regardless of their financial status. However, it does not automatically force the guilty spouse to pay alimony to the other spouse.
- Property Division: Georgia uses an equitable division model for determining the division of assets. Equitable means “fair,” not necessarily “EQUAL.” Marital property and debt are usually subject to equitable division, while separate (or pre-marital) property is excluded and stays with its original owner in nearly all circumstances. The conduct of a party is relevant for the court in determining equitable division of assets, liabilities and the award of alimony.
- Child Support: Child support is not affected at all and is solely based on the parents’ income and child expenses.
Impact on Child Custody
Infidelity usually does not have an impact on child custody unless there is clear proof that the affair caused either physical or psychological harm to the child, that the parent committing adultery neglected the child to pursue the affair, or that the other person is not suitable to be around the child for different reasons. The courts will focus on the well-being of the child(ren), keeping in mind that an affair doesn’t necessarily mean the guilty party is a bad parent, but it can.
Call the Abbott Law Group
We understand that finding evidence of infidelity by a spouse can be very difficult. Navigating any legal process is stressful, but we are here to help. We will be steadfast in our support of you and your interests during this time in your life. If this has happened to you, reach out for a consultation and we can help you begin the process.
