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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Georgia, adultery is defined as voluntary sexual intercourse by a married person with someone who is not their spouse. It is considered a misdemeanor offense under Georgia law (O.C.G.A. § 16-6-19), and those found guilty can face a fine of up to $1,000 or a jail sentence of up to a year. Adultery can significantly impact divorce proceedings in Georgia. The state allows for both no-fault and at-fault divorces, and adultery is a legally acceptable ground for an at-fault divorce. If proven, adultery may affect alimony, with the adulterous spouse potentially being barred from receiving alimony. It can also influence the division of marital assets, although Georgia is an equitable distribution state, which means that assets are divided fairly, but not necessarily equally. The court may consider adultery when deciding on an unequal division of assets, particularly if the adultery had financial implications for the marital estate.

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Divorce

adultery

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Georgia State Code

Georgia State Code

Divorce

adultery

Articles