It goes without saying that adultery can have a lasting impact on the lives of the cheater as well as the person being cheated on. One of the issues that our law firm has dealt with on numerous occasions is the impact of adultery in the divorce proceedings. In particular, couples want to know if adultery will prevent the other party from being able to receive alimony. The short answer is yes but it requires some work on the part of the moving party.
Alimony, governed by O.C.G.A §19-6-1, is an allowance out of one party’s estate, made for the support of the other party when living separately and can either be temporary or permanent. 19-9-1 further states that a party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party’s adultery or desertion. In other words, the party asserting that the other spouse is guilty of adultery has to present evidence to the Court proving their claim.
How good or compelling is the proof that you plan on presenting to the Court to prove that your spouse has committed adultery? Most seasoned divorce lawyers will utilize information such as emails, text messages, phone records, bank records, statements from co-workers of your spouse and social media in an effort to prove that adultery has occurred. Most cases are won by the presentation of circumstantial evidence. In other words, presenting evidence so the Court can draw logical conclusions. Ultimately, you can’t count on the other party coming to Court and admitting that they are in the wrong.
There is a lot at stake during a divorce proceeding. The decisions that are made by mediators and the Court are going to impact your finances, relationship with your children and your overall well-being. You should consult with attorney that specializes in divorce and family law related matters. The Faucette Law Firm represents clients in the area of divorce, child custody, child and spousal support and modifications. Contact our law firm today for a consultation.