Does Adultery Affect Alimony in Georgia?

In short, Adultery absolutely can impact the outcome of your divorce!

Cheating during a marriage often ends in divorce. It’s one of the leading causes of separation in Georgia. If this is the case for you, you probably have many questions on how cheating affects divorce. Read our latest article to learn about alimony and Adultery. If you still have questions, it’s probably time to hire an attorney. Give our office a call to book your case consultation at 770-415-8500

How can i prove Adultery? 

To prove Adultery during the divorce process, you need more than just accusations. A spouse must submit evidence to the court in the form of text messages, photos, videos, recordings, bank statements, or witnesses. The court often needs multiple undeniable forms of evidence to prove the cheating occurred during the marriage. However, you don’t need proof of sexual intercourse, just that there was opportunity and desire. We recommend hiring a private investigator before alerting your spouse and filing for divorce. Allow yourself to gain as much evidence as possible.

Providing evidence of cheating in Georgia divorce- Divorce tips Attorney Sean Whitworth

How serious is cheating during a marriage? 

In Georgia, Adultery is considered a criminal act. The law bars the unfaithful spouse from receiving alimony. (Ga. Code Ann. § 19-6-1 (b).) There are situations in which this rule would not apply. Let’s say you previously forgave your spouse and tried to work things before separating. You could not claim cheating as the cause of divorce. Or if your spouse starts seeing someone AFTER the separation. The same rule applies; you have to prove infidelity as the cause for the divorce.

Read about the grounds for divorce in Georgia.

What is Alimony? 

Alimony occurs when one spouse receives financial support from the other spouse, during and often after the Divorce proceedings. 

Alimony is typically temporary. However, every couple is different, and the court takes their personal circumstances into account.  

How is Alimony Determined?

Alimony may;

-last for a specific amount of time

-be permanent 

-be taken away if the other spouse remarries or passes

-be taken if the other spouse starts earning more money

To gain alimony, you must prove a need for financial support that the other spouse has the means to support. The court uses this then considers a multitude of factors to determine the amount and length of alimony. Some factors considered include; 

-the length of the marriage, 

-how the couple lived, 

-how old the couple is, 

-the health of each spouse, 

-monetary resources, 

-each spouse’s potential to earn, 

-marriage contribution, 

-and so much more. 

Each marriage is different, and the court adheres to the circumstances of each relationship. There are no laws or formulas that the Georgia court has to follow. Alimony is determined on a case by cases basis. 

Does Adultery Affect Custody?

how adultery affects the division of assets - divorce tips Attorney Sean Whitworth

In short, no. Adultery should not affect Custody UNLESS the infidelity exposed the child to inappropriate conditions.

Be Prepared for Divorce

Don’t assume your ex-spouse is going to do the right thing. Hire an attorney, call around and weigh your options. Divorce is a family matter, and an experienced attorney makes all the difference. Call our office to book your consultation at 770-415-8500

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