Added: Kaveh Foskey - Date: 13.10.2021 17:39 - Views: 42255 - Clicks: 5899
Under Georgia law, a person commits adultery when he or she has sexual intercourse with a person other than his or her spouse both extramarital heterosexual and homosexual relationships constitute adultery. See, Owens. OwensGa. It is an absolute bar to any alimony claim if it is the cause of the separation and has prevented reconciliation. Anderson v. AndersonGA. See also, Vereen v. VereenGa. Adultery is most ificant when a cheating spouse is seeking to obtain alimony or attorney's fees. For example, if a stay at home wife, or a wife who has comparatively less income than her husband, has cheated, then she may be barred from receiving alimony or attorney's fees in the divorce.
In the classic situation where the husband has cheated, this will be a "conduct" factor in the division of property and an evidentiary issue in the award of alimony. However, the cheating spouse is still entitled to argue for "equitable division". Unlike in the context of alimony, adultery is not a bar to property division.
In the context of awarding permanent alimony, O. If either party is seeking to bar the other from alimony, or if your divorce involves the division of marital assets or debts, then adultery is certainly relevant to the case. Under Georgia law, either party may seek to discover any evidence that is relevant or that is reasonably calculated to lead to the discovery of admissible evidence.
See, O. As noted, conduct is relevant in considering the division of assets. However, it is not relevant in determining the amount of alimony. This should be based strictly on the relative financial condition of the parties. See, Anderson v. AndersonGa. McCurryGa. Intercourse is still technically adultery up until the divorce is final. Although there is authority for the argument that evidence of post separation dating is irrelevant - see, McEachern v. McEachernGa. See, Hand v.
HandGa. As noted, questions concerning "dating" or affairs, both pre and post separation, are usually fair game in discovery subject to the witnesses' right to assert privilege. However, as a practical matter, most judges and jurors will not care too much about post separation dating if there is no evidence the affair was going on prior to separation.
If you have committed adultery before separation, and are confronted with discovery questions, then you will need to evaluate whether you wish to assert privilege under O. Per this code section, "No party or witness shall be required to testify as to any matter which may criminate or tend to criminate himself or which shall tend to bring infamy, disgrace, or public contempt upon himself or any member of his family.
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The Law Office of Russell H. Marital Troubles? Car Accident? Put the Best in Your Corner. Practice Areas. Domestic Law Basics in a Georgia Divorce. Dealing with Adultery in a Georgia Divorce. Dealing with Adultery in a Georgia Divorce Under Georgia law, a person commits adultery when he or she has sexual intercourse with a person other than his or her spouse both extramarital heterosexual and homosexual relationships constitute adultery.
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