- Adultery is defined in Georgia divorce law as sexual contact by a married person with an individual not her spouse. Sexual contact includes but is not limited to sexual intercourse.
- There are two types of adultery recognized by divorce law in Georgia. Adultery is considered heterosexual activity by a married person with another individual not his wife. Additionally, Georgia also recognizes as adultery homosexual activity engaged in by a married person. (This second version of adultery under Georgia law coincides with the fact that adultery is not limited to what traditionally is defined as sexual intercourse.)
- There is no time frame between an adulterous act by a spouse and the commencement of a divorce action under Georgia law. Therefore, in theory a good deal of time conceivably can pass between the infidelity and the filing for divorce. However, if an extended period of time passes (beyond a couple of years, for example) a judge may be less convinced that the infidelity impacted the marriage. If extended time passed, a party might want to consider filing a no-fault divorce.
- Certain religious faiths frown on or prohibit divorce. Theoretically, a fault-based divorce identifies a spouse as being personally and directly guilty of violating the bonds of the marriage, relieving the spouse of certain religious convictions of responsibility for the divorce on some level.
- If you desire to dissolve your marriage because your spouse committed adultery, consider engaging the services of a Georgia divorce attorney to represent your interests. The State Bar of Georgia maintains a directory of attorneys in different practice areas, including divorce law. Contact information for the State Bar of Georgia is available at:
State Bar of Georgia
104 Marietta St., N.W.
Suite 100
Atlanta, GA 30303
404-527-8700
800-334-6865
gabar.org
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