Was there Adultery in Your Marriage?
Divorce is often a difficult and emotionally charged process, especially when it involves issues of infidelity. In Georgia, adultery holds significant legal ramifications in divorce cases, affecting the division of property, alimony, and even child custody arrangements.
While Georgia is a "no-fault" divorce state, adultery can still play a key role in contested divorces.
As Georgia family law attorneys, we wanted to write this blog post to explore the legal implications of adultery in Georgia divorce cases, what evidence is required, and how adultery may affect the outcome of your divorce, whether in property distribution, alimony, or child custody, and why people commit adultery.
Section 1: Adultery and Georgia Divorce Law
What is Adultery Under Georgia Law?
Under Georgia law, adultery is defined as a voluntary sexual relationship between a married person and someone who is not their spouse. Adultery can serve as grounds for filing for divorce under the fault-based provisions of the law. Even though Georgia allows no-fault divorces based on "irreconcilable differences," adultery remains a potent factor in certain divorce cases, especially when spouses seek a more favorable outcome by proving fault.
- Fault-Based vs. No-Fault Divorce
In a no-fault divorce, a spouse does not have to prove any wrongdoing; they simply need to state that the marriage is irretrievably broken. However, a fault-based divorce — including one based on adultery — allows the accusing spouse to file for divorce on the grounds that the marriage was broken due to one spouse's misconduct. Adultery as a grounds for divorce means that the spouse who engaged in infidelity may have to face legal consequences in terms of asset division, alimony, and even custody of children. - Adultery as a Ground for Divorce
In Georgia, a spouse filing for divorce on the grounds of adultery must prove that the affair occurred. The accused spouse has the opportunity to defend themselves, which is why adultery cases can become particularly contentious. Even if a spouse does not file for a fault-based divorce, the mere presence of adultery can impact the final outcome of the divorce case in various ways.
Section 2: Proving Adultery in Georgia
Burden of Proof in Adultery Cases
To succeed in a divorce based on adultery, the accusing spouse must provide clear and convincing evidence. Georgia law requires a higher standard of proof than in some other areas of family law. It is not enough to simply claim that the spouse committed adultery; actual proof must be presented to substantiate the claim.
- Types of Evidence to Prove Adultery
Gathering concrete evidence is crucial in proving adultery. Types of evidence that may be presented include:- Witness Testimony: People who have firsthand knowledge of the affair, such as friends or family members who witnessed interactions between the spouses or with the alleged paramour, can testify in court. This can include statements about behaviors that suggest infidelity.
- Physical Evidence: This includes photographs, videos, or physical objects that suggest the spouse’s involvement in an affair. For example, hotel receipts, airline tickets, or gifts exchanged with the person the spouse is accused of having an affair with can be valuable evidence.
- Electronic Evidence: With modern technology, digital evidence is often crucial in adultery cases. Text messages, emails, phone records, and social media posts can provide proof of an affair. Courts may admit this type of evidence if it’s gathered lawfully.
- Private Investigators: In some cases, spouses may hire private investigators to gather evidence of infidelity. It is important to note that any evidence obtained through illegal means (e.g., hacking, spying, wiretapping) may be inadmissible in court and could result in legal consequences for the party who obtained it.
- The Role of a Divorce Attorney
If you suspect adultery, it’s vital to consult with an experienced divorce attorney before taking any steps. An attorney can help you navigate the process of collecting evidence and ensure that it is done legally and ethically. A seasoned lawyer will also be able to provide advice on whether the evidence you have will be sufficient to prove adultery in court.
Section 3: Impact of Adultery on Property Division in Georgia
Equitable Distribution of Assets
Georgia follows the principle of "equitable distribution," which means that marital property (assets and debts acquired during the marriage) will be divided fairly but not necessarily equally. The court takes several factors into account when dividing assets, such as the length of the marriage, the financial contributions of each spouse, and the needs of each party. Adultery, while not automatically influencing property division, can still have a significant impact on the court’s decision.
- Financial Misconduct and Impact on Asset Division
If one spouse used marital funds to finance the affair (e.g., paying for gifts, travel, or hotels for their lover), the court may consider this financial misconduct when determining how to divide assets. The court may order a larger share of the marital estate to be given to the innocent spouse to account for the financial damage caused by the affair. - Impact of Adultery on Asset Devaluation
In cases where a spouse’s infidelity resulted in significant emotional strain, leading to a decrease in the value of the marital property or the marital home, this could also influence how the property is divided. For example, if a spouse’s adultery led to a breakdown of the marriage and caused the sale of a home at a lower price or the sale of shared assets to finance the affair, the court might adjust the division to reflect this loss. - Dissipation of Marital Assets
In some cases, one spouse may "dissipate" marital assets by spending large sums of money on an affair. Dissipation refers to the improper use or squandering of marital property for personal enjoyment or to support an extramarital relationship. Georgia courts may take this into account when determining how to divide the remaining marital assets.
Section 4: Adultery and Alimony in Georgia
How Adultery Affects Alimony Awards
Alimony is financial support that one spouse may be required to pay the other after divorce. In Georgia, the court has broad discretion in awarding alimony, taking into account the financial and emotional needs of the parties. Adultery can influence the court’s decision on alimony, although it is not the sole deciding factor.
- Impact of Adultery on Alimony Awards
Georgia law allows the court to consider the conduct of the parties when determining alimony. If the court finds that one spouse’s adultery was the primary cause of the divorce, the court may reduce or deny alimony to the offending spouse. In cases where the innocent spouse is awarded alimony, the court may take into account the financial needs of that spouse, including their ability to maintain the same standard of living that was enjoyed during the marriage. - Defenses to Alimony Based on Adultery
A spouse accused of adultery may present defenses in an effort to mitigate or avoid alimony payments. For example, the accused spouse may argue that the affair was the result of a pre-existing breakdown in the marriage, or that the innocent spouse also contributed to the dissolution of the marriage. Additionally, a spouse may argue that their financial circumstances should limit the award of alimony.
Section 5: Adultery and Child Custody in Georgia
How Adultery Affects Custody Decisions
Georgia law prioritizes the best interests of the child when making custody decisions. While adultery is not a primary factor in determining custody, it can influence custody and visitation arrangements if the affair negatively impacts the child’s welfare.
- Impact on Parental Fitness
If the adulterous spouse’s behavior has led to neglect, instability, or unsafe living conditions for the children, this can influence custody decisions. For example, if a parent’s affair resulted in them neglecting their parental duties, or if the affair created a disruptive and hostile environment, the court may consider this behavior when determining custody or visitation rights. - Relationship with New Partner
A parent’s new relationship may also affect custody if it poses a risk to the child’s well-being. For instance, if the new partner is harmful or a negative influence on the child, the court may restrict the adulterous parent’s visitation or custody rights. Courts typically assess whether the child’s emotional health could be at risk from exposure to a new partner or if the parent’s conduct with their lover is disruptive to the child's life.
Section 6: Practical Considerations for Clients Facing Adultery in Divorce
What Should You Do if You Suspect Adultery?
If you believe your spouse is committing adultery, it’s essential to take a strategic and measured approach. Here are practical steps you can take:
- Gather Evidence Legally
Document your observations and gather evidence of any suspicious behavior. However, make sure to stay within the boundaries of the law. For example, don’t resort to illegal tactics such as unauthorized surveillance or hacking, as this could harm your case and lead to legal consequences. - Consult with a Divorce Lawyer
An experienced divorce lawyer can guide you through the process of proving adultery, help you understand the legal ramifications, and build a strong case if needed. They will also help you manage the emotional impact of the divorce. - Consider the Emotional Toll
Infidelity can cause significant emotional distress. While it’s important to understand the legal implications, it's equally important to take care of your mental health. Counseling or therapy can help you navigate the emotional challenges of a divorce, especially one involving infidelity.
Why Would a Husband or Wife Commit Adultery?
The question of why someone might commit adultery is deeply complex and varies greatly depending on the individual, the relationship, and external factors. While there is no single reason that applies to all cases, there are several common motivations and circumstances that may contribute to infidelity. It's important to note that no one reason justifies cheating, but understanding the possible causes can provide context for why it may happen.
Here are some common reasons why someone might commit adultery:
1. Emotional or Physical Dissatisfaction in the Marriage
- Lack of emotional connection: One of the most common reasons people cheat is a feeling of emotional neglect or disconnection from their spouse. If one partner feels ignored, unappreciated, or unsupported, they may look elsewhere for the emotional intimacy or validation they crave.
- Physical or sexual dissatisfaction: Physical intimacy is often an important part of a relationship. If one partner feels sexually unsatisfied or that their sexual needs aren't being met, they might seek fulfillment outside the marriage.
- Boredom or routine: Over time, some people feel their relationship has become routine, stale, or lacking excitement. This can lead to the temptation to look for something new and exciting, which may result in infidelity.
2. Desire for Novelty or Thrill
- Seeking excitement: Some individuals are motivated by a desire for novelty, excitement, or adventure. The thrill of a secret relationship or the excitement of infidelity can sometimes feel like a "rush" for people who are bored or dissatisfied with their current situation.
- Escaping monotony: For some, cheating represents a way to escape from the pressures, responsibilities, and monotony of everyday life. An affair might feel like a way to break free from routine and rediscover a sense of freedom or spontaneity.
3. Personal Issues or Insecurity
- Low self-esteem or validation: People with low self-esteem may cheat to feel more desirable, valued, or important. They might seek out external validation or attention to boost their self-worth, especially if they feel neglected or unappreciated by their partner.
- Midlife crisis or identity issues: Sometimes, individuals in midlife experience a crisis or a reevaluation of their life and relationships. In an attempt to regain their sense of youth or vitality, they might seek out an affair.
- Unresolved emotional baggage: Past trauma or unresolved issues, such as childhood neglect, abandonment, or previous relationships, can affect someone's behavior in adulthood. For some, cheating may be a way to cope with unresolved emotional pain or as a form of self-sabotage.
4. Communication Problems or Lack of Conflict Resolution
- Avoiding conflict: Some people cheat because they feel unable to address issues directly with their spouse. Rather than communicate openly about their unhappiness or frustration, they may choose to act out by having an affair. This can be a way of avoiding difficult conversations or the emotional strain of confronting the issues in the marriage.
- Breakdown of communication: In some marriages, the breakdown of communication can lead to misunderstandings, resentment, and emotional distance. This may create an environment where one partner feels disconnected and may seek fulfillment outside of the relationship.
5. Relationship or Marital Problems
- Lack of commitment or fidelity values: Some individuals may not place a strong emphasis on commitment or the sanctity of marriage. They may not value fidelity and may view cheating as acceptable behavior, particularly if they don't believe it will affect their relationship in a significant way.
- Revenge or retaliation: In some cases, individuals may cheat as an act of revenge if they feel betrayed or hurt by their spouse. If one partner suspects or knows their spouse has been unfaithful, they might cheat as a way to "get back" at them.
- Growing apart: Over time, people may grow apart due to changing interests, lifestyles, or life goals. When partners no longer feel emotionally or physically connected, one or both may turn to infidelity as a way of seeking something they feel is missing.
6. External Temptations or Situational Factors
- Opportunity or temptation: Sometimes, people cheat simply because the opportunity presents itself. This might happen when a person is in a vulnerable situation, such as working closely with someone attractive or engaging in social circles where infidelity is normalized or overlooked.
- Substance use: Alcohol or drug use can lower inhibitions, leading some people to act impulsively and cheat. In these cases, the individual may not have planned to engage in infidelity but found themselves doing so while under the influence.
- Peer pressure or influence: If someone is surrounded by friends or colleagues who view cheating as acceptable or even admirable, they may be more likely to engage in infidelity themselves. Peer pressure can play a role in someone's decision to cheat, especially if they feel socially encouraged or accepted in their behavior.
7. Infidelity as a Long-Term Pattern
- Habitual cheaters: Some individuals may have a pattern of infidelity that spans across multiple relationships. For these individuals, cheating is not an isolated event but rather part of a broader behavioral pattern. This may stem from deeper issues, such as a fear of commitment, narcissism, or an inability to maintain healthy, monogamous relationships.
- Chronic dissatisfaction: People who are chronically dissatisfied with their relationships may engage in multiple affairs over time. In these cases, the affair is more a symptom of a broader issue of unhappiness or dissatisfaction in multiple areas of their life.
Georgia Divorce Lawyer Near Me
Adultery in Georgia can have a profound impact on the divorce process, influencing not only the division of assets but also alimony, child custody, and visitation rights. While proving adultery in court requires clear and convincing evidence, its effects can be far-reaching in a divorce case.
If you're facing a divorce involving adultery, it’s essential to consult with an experienced divorce attorney at The Sherman Law Group to navigate the complexities of the case and ensure that your interests are protected.