Here's What You Need to Know About Adultery Law Before a Divorce
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Here’s What You Need to Know About Adultery Law Before a Divorce

Did you know that adultery is one of the leading causes of divorce in Georgia and the entire United States? According to statistics, couples get separated and eventually file for divorce because one partner had an extramarital affair. This act is also a criminal offense in Georgia, punishable under the adultery law.

What makes this law different in Georgia is the way they define adultery. Unlike other states, there is no need to prove that a sexual act took place. As long as one spouse can prove in court that the other partner had the inclination and opportunity to engage in the act, the divorce can be granted.

This article will help you understand the adultery law in Georgia and how alimony is awarded.

Proving Adultery in Court

Sometimes, proving adultery in court can be a huge challenge, because you need to understand the process and the rules that apply to it. It is easy to lose the case even when you are sure that the action took place. That is why you have to be careful with your approach and use the right resources.

Some of the evidence required in court to prove adultery in Georgia is easy to obtain. For instance, you may produce photographs, phone records, audio recordings, bank/credit card statements, and witnesses. If these materials contain enough evidence to convince a judge that adultery took place, the divorce will be granted.

Adultery Law and Alimony in Georgia

According to, alimony is always at the center of every divorce case because each partner wants to know how much they will gain or lose because of the outcome of the process. Before coming up with a verdict on the case and awarding alimony, the judge will listen to more than one spouse’s testimony.

They will also decide whether to provide temporary alimony, permanent, or one that lasts for a specified period.

Divorce cases often take long to conclude because judges have to look at various aspects. Some of the factors that they consider when awarding alimony include:

  • Living standards during the marriage
  • Age and health of each partner
  • Duration of marriage
  • Financial resources of every partner
  • Each partner’s contribution to the marriage

Georgia is one of the states that do not have a set formula for calculating alimony. Because of that, the judges have the discretion of calculating the amounts based on each divorce case. However, the law does not allow a partner to receive any alimony if the court proves that they were adulterous.

You Need a Family Lawyer in Georgia

As you can see, proving adultery in court can be a big challenge, and coming up with a verdict on alimony is even more difficult. That is why you should look for an adultery law attorney to help you through the process.

Whether you want to prove that your spouse has been having an extramarital affair or you want to get alimony from the divorce process, you need a professional to guide you through every step.

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