Divorcing couple, separated and dealing with adultery.

Can Adultery Affect a Georgia Divorce?

When a married person discovers that his or her significant other has been cheating, the next step is often divorce court. In Georgia, adultery can affect the outcome of a divorce. To put it simply, a cheating spouse is often at a disadvantage during the Georgia divorce process. However, as is discussed below, there are several exceptions to this rule. In other words, allegations of adultery during the Georgia divorce process can be complicated. Therefore, if your Georgia divorce involves allegations of adultery, you should seek the assistance of an experienced Georgia divorce attorney as soon as possible. Below is an overview of the ways in which adultery can affect divorce in Georgia. 

Proving Adultery

In Georgia, an individual has the option of either filing for a no-fault divorce or filing for divorce under one of several statutory grounds. One of these grounds is adultery. In order to prove adultery in a divorce proceeding, an individual must present substantial and corroborating evidence of adultery to the court. Even if the other spouse admits that he or she committed adultery, corroborating evidence must still be presented to the court. Thus, a finding of adultery always requires two separate types of evidence. 

The Effect of Adultery on Divorce

If the court finds that one spouse’s adulterous behavior is the cause of a divorce, it will deny that spouse alimony. However, the court will only deny alimony if the accusing spouse can demonstrate that adultery was the actual cause of the divorce. In other words, even if an individual can prove that his or her spouse committed adultery, he or she must also demonstrate that this adulterous behavior is the reason for the failure of the marriage. 

When Adultery Doesn’t Affect Divorce

There are some circumstances in which courts in Georgia won’t grant a divorce due to adultery, including:

  • The spouse who filed for divorce on grounds of adultery consented to the other spouse’s behavior, 
  • The spouses agreed that one spouse would commit adultery in order to obtain a divorce,
  • Both of the spouses committed adultery while they were married, and
  • The spouse who filed for divorce on grounds of adultery previously forgave or condoned the other spouse’s behavior.

Contact an Experienced Georgia Divorce Attorney Today 

If you are ready to begin the divorce process in Georgia, you need an experienced Georgia divorce attorney on your side. At Carter/Pilgrim, our experienced Georgia divorce lawyer will guide you through the Georgia divorce process while doing everything possible to ensure that you obtain a just and fair result in your Georgia divorce. Regardless of whether you’re seeking a contested or uncontested divorce in Georgia, experienced family law attorney Amy Carter has the knowledge and experience necessary to obtain the results you desire in your Georgia divorce case. Please contact us as soon as possible to schedule an initial consultation.