Husband Committed Adultery: What Are My Rights in Georgia?

Discovering that your spouse has committed adultery can be an emotional and overwhelming experience. When faced with such a situation, it’s crucial to understand your rights and options under the law. This article aims to provide guidance on the legal implications of adultery in Georgia and answers some frequently asked questions to help you navigate through this challenging time.

Adultery and Divorce in Georgia:
In Georgia, adultery is considered a fault ground for divorce. This means that if your spouse has committed adultery, you may use it as grounds to file for divorce. However, it’s important to note that Georgia is a no-fault divorce state, meaning you can also file for divorce without assigning blame to either party, simply by claiming an irretrievable breakdown of the marriage.

Frequently Asked Questions:

1. Can I use evidence of adultery in court?
Yes, evidence of adultery can be presented in court as part of the divorce proceedings. This evidence can include photographs, text messages, emails, witness testimonies, or even admission of guilt by your spouse.

2. Will adultery affect the division of assets?
Adultery may not directly impact the division of marital assets in Georgia. The state follows equitable distribution laws, meaning that property and assets acquired during the marriage are divided fairly, but not necessarily equally. However, if the adultery has resulted in the dissipation of marital assets, such as money spent on affairs, it may be taken into consideration during the division process.

3. Will adultery impact child custody decisions?
Adultery alone is not typically considered a determining factor in child custody cases. Georgia courts prioritize the best interests of the child when making custody decisions, focusing on factors such as the parents’ ability to provide a stable and loving environment.

4. Can I seek alimony if my spouse committed adultery?
Adultery can influence the awarding of alimony in Georgia. The court will consider various factors, including the duration of the marriage, the financial needs of each spouse, and the conduct of the parties during the marriage, including adultery. However, it’s important to note that alimony is not automatically granted solely based on adultery.

5. Is there a time limit for filing for divorce due to adultery?
In Georgia, there is no specific time limit for filing for divorce on grounds of adultery. However, it’s advisable to consult with an attorney promptly to ensure that your rights are protected and to gather necessary evidence.

6. Can I sue the person my spouse committed adultery with?
Georgia abolished the cause of action for “alienation of affection” in 2010. This means that you cannot sue the third party involved in the adultery for damages.

7. What if my spouse denies committing adultery?
If your spouse denies committing adultery, you will need to present sufficient evidence to support your claim. This evidence may include the testimonies of witnesses, private investigators’ reports, or electronic evidence such as text messages or emails.

In conclusion, discovering that your spouse has committed adultery can be devastating. Understanding your rights and the legal implications of adultery in Georgia is essential. Consulting with an experienced family law attorney will provide you with the guidance and support needed to navigate the divorce process successfully.

Remember, every case is unique, and seeking personalized legal advice is crucial to protect your interests and ensure the best outcome for your situation.