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Helping Families Rebuild After Infidelity

In Georgia, if one or another spouse was unfaithful during the marriage, you may wish to file for divorce as retribution. The nature of adultery can make it difficult to prove on the basis of grounds for divorce. Adultery is often the cause of many marriage breakups, although it can be difficult when one spouse or another denies involvement, hides any evidence, or there simply is not enough evidence to support the claims.

If infidelity is the reason behind the end of your relationship with your spouse, and you wish to pursue divorce, the experienced divorce lawyers at The Manely Firm, P.C., can help.

How Does Infidelity Affect The Outcome of Divorce?

You can file for a no-fault divorce or a fault-based divorce. There are 13 types of grounds-based divorces, one of which is infidelity. The legal definition of infidelity in our state is defined as the following:

One spouse engages in sexual intercourse, heterosexual or homosexual, with someone other than the spouse.

Adultery can have significant effects on divorce cases in Georgia, including alimony, equitable division of assets, and child custody. If a spouse’s adultery is the reason for the divorce, they are prohibited from receiving alimony, as per Georgia’s family code, and this remains in effect regardless of the parties’ financial circumstances. Even if a wife with no income or assets cheats on her high-earner husband, she will not be eligible for alimony.

Cheating on a spouse can also impact equitable division and child custody, though alimony is the most straightforward issue. In Georgia, marital assets are divided equitably, which means the judge can take into account all factors surrounding the marriage and divorce, including the actions of the parties. If one spouse’s adultery caused the divorce, the judge may give the other spouse a larger share of the marital estate. Similarly, adultery can be considered in determining child custody if relevant. For instance, if a parent committed adultery in front of the children, it would work against them in a custody battle.

Adultery affects the outcome of divorce for the following matters:

How does Adultery affect child custody in Georgia?

Following Georgia custody laws, the court considers the best interests of the child to determine which parent should have custody. In cases where adultery is a factor, the court will consider it as one of the many factors that affect the child’s best interests.

Adultery can impact child custody in various ways. For instance, if the affair involved the child or if the child was exposed to inappropriate behavior, it could affect the adulterous spouse’s credibility as a parent. Additionally, if the adulterous spouse is living with their new partner, the court may consider the impact of that relationship on the child’s well-being. However, it’s important to note that adultery alone does not automatically disqualify a parent from receiving custody. Ultimately, the court will consider all relevant factors to decide in the child’s best interests. At The Manely Firm, P.C., our experienced family law attorneys can help you navigate the complexities of child custody laws in Georgia and develop a legal strategy that protects your child’s interests.

Does Adultery affect Child support payments?

In the state of Georgia, adultery in divorce does not directly impact child support payments. Child support payments are determined based on various factors, such as the income of both parents, the number of children, and the amount of time each parent spends with the child.

However, in some cases, the financial impact of adultery can indirectly affect child support payments. For example, if the adulterous spouse spent a considerable amount of money on their affair, it could affect their income, which could impact their ability to pay child support. 

What other decisions are affected by adultery in a divorce?

In Georgia, the court uses the equitable distribution method to divide property between spouses during a divorce. However, if one spouse can prove that the other spouse wasted marital assets on an affair, the court may consider it as a factor when dividing property.

Additionally, adultery can impact spousal support decisions. Spousal support, also known as alimony, is financial support that one spouse pays to the other spouse during or after a divorce. In Georgia, spousal support is awarded based on several factors, such as the length of the marriage, the standard of living during the marriage, and the financial resources of each spouse. If one spouse’s adultery led to the breakdown of the marriage, the court may consider it as a factor when determining the amount and duration of spousal support.

Remember, however, that one spouse or another can deny their wrongdoings. Furthermore, once you serve papers on your spouse, you will also need to serve the other person involved in the affairs. If you win your case, however, the courts can deny or offer you the advantage when it comes to deciding on these matters. As there are so many legal processes involved, having a divorce attorney is critical to your best interests.

Request Your Appointment with our Divorce Attorneys

At The Manely Firm, P.C., we understand the emotional impact of divorce, especially when infidelity is involved. When you retain our services, you can feel confident knowing that we will advocate solely on your behalf. We want you to receive what rightfully belongs to you. We also want to ensure that your rights and your dignity are protected.

If you would like to speak to one of our attorneys, call 866-687-8561 or contact us online. Initial consultations are available at any of our Georgia offices in Atlanta, Marietta, Cumming, Lawrenceville, Columbus, and Savannah.

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