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What Effect Will Adultery Have on My Divorce?

Most people will tell you that marriage takes work. The everyday struggles of maintaining a career, raising children and managing household finances are always a source of stress on a relationship. However, regardless of the aforementioned, nothing can put stress on a marriage like infidelity. Through our years in practice assisting clients with divorce and family law related matters we have seen the affect adultery can have on a relationship. Some marriages are able to survive and work through these issues. Unfortunately, other marriages are not able to survive a cheating spouse and both parties have to prepare for the consequences that come along with the dissolution of the marriage.

Adultery of one spouse can also impact whether the cheating spouse can obtain alimony. Alimony is the financial support paid by one spouse to the other spouse during and potentially after the divorce proceedings. In Georgia, if the adultery is the cause of the divorce the effect is that the cheating spouse is typically barred from receiving alimony. Evidence such as social media posts, credit card statements, phone records and private investigators are often necessary to establish a pattern of adultery. The important thing to take away from this is that the Court will require substantial proof of the adultery in order to deny a spouse alimony who would otherwise be eligible. Finally, in order for the adultery to bar alimony, the faithfull spouse must file for divorce on the grounds of adultery. This point is further complicated in cases where there has been a reconciliation after an alleged instance of adultery because the Court may have a hard time accepting that the divorce is based on the adultery.

Douglasville Divorce and Family Law Attorneys represent clients in all matters related to child custody, child support, alimony, contested and uncontested divorce and modifications. Contact us today for a free consultation.