The Effect of Adultery in Georgia Divorce Cases

Adultery is one of the most common causes for divorce in Georgia. As one might expect, one of the most frequent questions that Atlanta, Georgia divorce lawyers receive is "how does my cheating spouse's infidelity affect my divorce case?" While infidelity can be a significant factor in the outcomes of Georgia divorce proceedings, the answer to this question is complicated.

In Georgia, a spouse who has been proven to have committed adultery cannot pursue alimony through the family courts. It is an absolute bar for receiving spousal support. However, infidelity has no affect on child support, which is viewed by the Georgia courts as an entirely separate issue. Furthermore, a claim of adultery that's supported by the evidence can result in the courts penalizing the cheating spouse in the division of property. In other words, the innocent spouse may receive more from the settlement if he or she can prove that sexual relations outside of the marriage have occurred.

It's important to note that any penalties that are levied against a cheating spouse in the divorce proceedings are contingent upon the innocent party being able to prove the allegations. This can be very difficult as the accused spouse can invoke his or her Fifth Amendment right against self-incrimination. Take, for example, a wife who suspects that her husband is cheating on her with a coworker and confronts him about his suspected adultery. In the face of her questioning, he may confess to her verbally. As a result, she then files for divorce at the Forsyth County courthouse. The husband, in this case, cannot be compelled by the courts to repeat what he's freely admitted to his wife. Without supporting evidence, the wife's claim that he verbally confessed to her may not be enough to prove adultery.

However, Georgia family law attorneys often caution their clients about invoking their Fifth Amendment right too freely. A judge or jury may make an unfavorable inference about the motive behind the refusal to answer a question. This could harm the client in other areas where the court has flexibility in determining an outcome.

If you believe that your husband or wife is cheating on you and you're seeking a divorce in Georgia, the most prudent course of action is to discuss any evidence of the adultery that you may have with a qualified family law attorney. Your divorce lawyer can advise you as to how to proceed with this information.