770-609-1247 | Divorce and Adultery – Georgia Divorce Lawyers and Attorneys
Coleman Legal Group, LLC
Phone: 770-609-1247
Adultery: In the context of Georgia divorce law, adultery is defined as sexual intercourse between a married person and someone other than the spouse. Specifically, under Georgia divorce law, neither fellatio nor cunnilingus (otherwise know under Georgia law as sodomy) are grounds for divorce. Likewise, under Georgia divorce law, fellatio, cunnilingus and sodomy (oral or anal sex) are not considered adultery. Adultery requires some penetration of the female sex organ by the male sex organ. However, an orgasm by the male nor female is not required for adultery.
Proving Adultery: In proving adultery in a divorce case, names, dates, places, the identification of your spouse’s illicit lover, and related evidence have to be brought out and made part of a the public court record. In the event your spouse is open about the affair or is careless in her / his conduct you will find collecting evidence to prove the adultery to be much easier. You may not even need to hire a private detective. However, you will likely still need witness. The best witness is corroborative witness who has no stake in whether the adultery is proven or not, such as a mutual friend, neighbor, acquaintance an unconcerned person (such as a waiter or hotel concierge) or co-worker. The only role this person would need to take is to tell the court under oath what he or she witnessed.
Most divorce adultery cases are proven with circumstantial evidence showing that your spouse had the disposition (inclination or tendency to act in a particular way) and the opportunity to commit adultery. As with all civil matters, the plaintiff has the burden of proof in showing the court their spouse committed adultery. As previously alluded to, showing the court your spouse had ample opportunity and inclination to comment adultery will satisfy this burden.
If your spouse has engaged in public displays of affection with her / his paramour, such as holding hands, hugging and kissing – then you likely have sufficient evidence to meet the burden of proof for proving your spouse had an adulterous inclination / disposition. The opportunity to commit adultery can be proven by showing the court your spouse entered the alleged illicit lovers home alone at 11:45 PM and did not leave until 7 AM in the next morning. However, if you can only prove disposition and cannot prove opportunity, the court will be more likely to consider the allegation mere speculation and suspicious – but not enough to prove adultery. Likewise, if you can prove opportunity but cannot prove disposition – the court is much less likely to rule that your spouse committed adultery However, in most cases, if there is ample evidence of opportunity and very suspicious behavior by your spouse – disposition can likely be inferred.
Identifying the Other Man / Woman: The other person your spouse committed adultery with, has a right to hire a lawyers and file an answer to a complaint for divorce. This would more likely happened if he or she is named (and of course knows about the divorce). The person can also be known legally as a “co-respondent”. Naming a co-respondent in a divorce filing can cause unintended complications in a case to arise – especially if your allegations cannot be easily proven. Also, if you are not positive of your allegations of adultery, you could be harming the reputation of a person who may have not actually had a sexual relationship with your spouse.
The Effect of Adultery in a Divorce Case: Adultery may impact your spouses rights as to custody of your children if the adultery can be shown to have harmed or negatively affected the minor children. In regard to alimony / spousal support – adultery does not necessarily affect the awarding of alimony under Georgia law. However, it may be a consideration along with other factors when the court is deciding whether to award alimony – and if so, in what amount and for how long.
Condonation: If you know your spouse committed adultery – but continued to live with your spouse, then your spouse can argue that adultery should not be a ground for divorce. Georgia courts generally agree that if you have resumed or continued marital relations after learning your spouse committed adultery – that you have forgiven or condoned the act of adultery. However, if your spouse resumes a sexual relationship after you have forgiven him or her – then you could again ask for a divorce on the grounds of adultery. If your husband or wife has had several affairs / instances of adultery – and you have condoned the previous ones, you can only sue for divorce on the newly discovered affairs that you have not condoned / forgiven. However, condonation does not bar action for divorce based on adultery – but you would need other grounds for divorce in addition to adultery if your spouse can prove you forgave him or her for the adultery.
If you are facing a divorce, custody battle or just need some great family law / divorce advice – call us at Coleman Legal Group, LLC. You will be able to speak directly with an attorney and schedule a consultation if needed.
Call 770-609-1247 or use the Email Submission Form Below
Weekend and Evening Appointments and Consultations Available.
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Main Office, Alpharetta, Georgia: 5755 North Point Parkway, Suite 52, Alpharetta, GA 30022
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
| Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 52 Alpharetta, GA 30022 Phone: 770-408-0477 | Map |
Atlanta Georgia |
| Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-408-0477 | Map |
Cumming Georgia |
| Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
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Danny Coleman, MBA, Attorney
Susan Martin, PE, MBA, Attorney
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