How Does Infidelity or Adultery Affect Divorce Proceedings in Georgia?

Infidelity is one of the most painful experiences a spouse experience in a marriage. When a marriage ends due to cheating, the emotional impact can be profound. However, many people are surprised to learn that the legal consequences of infidelity in Georgia may not be as severe as one might expect. While Georgia is one of the few states that still allows fault-based divorce on the grounds of adultery, the effect of infidelity on the actual divorce proceedings can vary significantly depending on the specific circumstances.

Grounds for Divorce: Fault vs. No-Fault

In Georgia, divorce can be sought on either “fault” or “no-fault” grounds. A no-fault divorce is based on the marriage being “irretrievably broken,” meaning that there is no hope for reconciliation. This is the most common ground for divorce in the state and does not require proof of wrongdoing by either party. Even in cases where grounds for a fault-based divorce may exists, many people still choose to file on this no-fault ground to keep the case less contentious.

However, Georgia law also permits fault-based divorces, and adultery is one of the recognized grounds. To file for divorce on the grounds of adultery, the spouse alleging infidelity must prove that the unfaithful spouse engaged in extramarital relations, and that those circumstances lead to or caused the divorce. Importantly, this must be proven to the court’s (or jury’s) satisfaction, which can sometimes be challenging.

The Impact of Adultery on Alimony

One of the most significant legal consequences of adultery in a Georgia divorce relates to alimony. Under Georgia law, if the spouse seeking alimony is found to have committed adultery and the adultery caused the divorce, then that spouse may be barred from receiving alimony altogether. This is a harsh penalty and underscores the seriousness with which Georgia courts treat infidelity in the context of alimony.

It’s important to note, however, that if both spouses engaged in extramarital affairs or if the faithful spouse condoned the adultery (such as by engaging in intimate conduct with the cheating spouse after learning of the conduct), the court may still award alimony. As with many aspects of divorce law, the specific facts of the case are crucial.

Property Division and Infidelity

Georgia follows the principle of “equitable distribution” when it comes to dividing marital property. This means that property is divided fairly but not necessarily equally. Unlike alimony, infidelity generally does not have a direct impact on the division of assets. The court will consider various factors such as the length of the marriage, each spouse’s financial and non-financial contributions, and the needs of each spouse.

While adultery may not directly influence property division, it can come into play if the unfaithful spouse spent significant marital resources on their extramarital relationship. This is known as “marital waste” or “dissipation of assets.” If proven, the court may compensate the faithful spouse by awarding them a greater share of the remaining marital property.

Child Custody and Visitation

When it comes to child custody and visitation, the primary consideration for Georgia courts is the best interest of the child. Infidelity alone does not typically affect custody decisions unless it can be shown that the affair had a direct negative impact on the children or the unfaithful spouse’s ability to parent effectively. For example, if a parent's infidelity exposed the children to unsafe or unhealthy situations, the court might consider this when making custody determinations.

However, if the affair did not harm the children or affect the unfaithful spouse’s parenting, the court is unlikely to let infidelity influence its custody decisions in a significant way.

Emotional and Practical Considerations

While the legal consequences of infidelity in Georgia may be limited, the emotional and practical implications should not be underestimated. Infidelity can create significant tension and conflict during divorce proceedings, making negotiations more challenging and increasing the likelihood of a contentious court battle. If nothing else, a spouse that has been cheated on is often much inclined to be cooperative and amicable during the divorce process. It is crucial for both parties to approach the process with a clear understanding of their rights and realistic expectations about what can be achieved legally.

At Resurgens Legal Counsel, we understand the complexities and emotional challenges of divorces involving infidelity. We are here to guide you through the process, protect your interests, and help you move forward with your life. If you are facing a divorce due to infidelity or need advice on any family law matter, schedule a consultation today through our website or by calling 770-765-7550.