Filing for divorce on the grounds of adultery can affect divorce. Here’s what to know about adultery in Georgia: does cheating affect divorce?
In Georgia, adultery is grounds for divorce. If a spouse can meet the requirements for these divorce grounds, they can likely use their spouse’s adultery to their case’s advantage.
What is Adultery?
Adultery refers to a spouse having sexual intercourse with someone other than their spouse.
How Does Adultery Affect Divorce in Georgia?
Georgia considers adultery as grounds for divorce. A spouse must prove their spouse had intercourse outside of their marriage to prove adultery. A spouse also must prove the affair led them to file for divorce.
What is Alimony?
Adultery may affect alimony in a Georgia divorce. If the dependent spouse is adulterous, a court will likely prevent them from receiving alimony.
What is Asset Division in Georgia?
Adultery may also affect asset division in Georgia. Georgia divides assets through equitable distribution. A Georgia court may designate fewer assets to an adulterous spouse to achieve greater equity.
If a party can prove their spouse bought gifts during their affair, this may also decrease the assets the adulterous spouse receives. Gifts may include hotel rooms, flight tickets, etc.
Child Support in Georgia
Adultery will unlikely affect child custody or child support in Georgia.
Child Custody in Georgia
If a spouse’s adultery impacts their child, it may also impact their stance in a custody battle. For instance, if a parent was adulterous in their child’s presence, a court may deem them unfit.
FAQs About Adultery in Georgia: Does Cheating Affect Divorce?
Related: Georgia Divorce FAQs
Is adultery illegal?
Yes, Georgia law classifies adultery as a misdemeanor.
Can a court send a spouse to jail for adultery?
Although the state considers adultery a misdemeanor, a court has not imprisoned an adulterer in the past hundred years.
Does adultery always work as grounds for divorce?
If a party forgives their spouse’s affair, the adultery may no longer qualify as grounds for divorce in the state.
What counts as forgiveness of an affair?
If a party discovers the affair and continues to live with or have intercourse with their spouse, the court interprets the spouse as condoning their spouse’s affair.
What if both spouses cheat?
If both spouses cheat, a court will not consider adultery grounds for divorce.