Georgia law adultery in divorce cases


What's Below

You have to prove that your spouse had both the opportunity and the inclination to commit adultery.

Proving adultery is, understandably, complex in a courtroom. Adultery can also have an impact on assets and how they are divided, especially if the unfaithful spouse spent money on the affair. Examples of that would be — Travel, Hotels, Gifts, and other debts bills created during the affair.

A Brief History of Fault-Based Divorce

If you have other questions about alimony in Georgia and need an Attorney to represent you during your divorce contact Sean R. To read the full text of the law on alimony in Georgia, look up the Georgia Code and Even after deletion, the records from these applications can often be retrieved. Text messages are also subject to investigation when it comes to divorce in Georgia.

The exact fees depend solely on billable hours and not necessarily results achieved. Results in your favor are never guaranteed anyway.

Criminal Defense Lawyers and Divorce Attorneys in Gwinnett County

Attorney Sean R. You should consult an family attorney.


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During your divorce, the Court will take into consideration the adultery of your spouse and modify alimony accordingly. The threshold issues to be determined by the Court will be whether you have the need and whether your spouse has the ability to pay alimony.


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  5. Once the Court makes this determination, adultery can be considered as well as other forms of marital misconduct. Because those who commit adultery are often discreet, there is usually never direct evidence of the act itself. Fortunately, Georgia law provides that adultery can also be proven by circumstantial evidence. Circumstantial evidence requires reasoning or an inference to prove a fact, unlike direct evidence, which is the testimony of an eyewitness or a participant in the act.

    Does Cheating Affect Alimony in Georgia?

    To prove adultery with circumstantial evidence, it must be shown that there was both an opportunity to commit adultery and an adulterous disposition. The stay at the romantic resort would corroborate the opportunity for adultery and the registration as husband and wife would prove the adulterous disposition.

    Furthermore, to be sufficient, the circumstantial evidence must lead only to the conclusion that adultery was committed. If the circumstantial evidence can be interpreted any other way, it will not suffice as proof of adultery.


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    Therefore, if a spouse and co-worker stay at the same hotel for a work conference with no additional evidence, this will not suffice as proof of adultery since there exists a possible innocent explanation for their stay at the hotel.

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