Adultery in Georgia

O.C.G.A. § 19-6-1 ADULTRY IS A BAR TO ALIMONY AND FACTOR OF PROPERTY DIVISION

If the marriage has failed because of the adultery of a party, the party committing the adultery and causing the divorce by the adultery, is barred from receiving any alimony. Mack v. Mack, 234 Ga. 692 (217 SE2d 278) (1975); Byers v. Byers, 225 Ga. 263 (167 SE2d 640) (1969); Brown v. Brown, 217 Ga. 671 (124 SE2d 399) (1962); Hyndman v. Hyndman, 208 Ga. 797 (69 SE2d 859) (1952). In such a case, only her conduct is relevant. Hudson v. Hudson, 189 Ga. 410 (5 SE2d 912) (1939). Therefore, it is clear that conduct may be relevant to alimony under the fault concept of divorce, where the husband is awarded a divorce due to the fault of the wife in causing their separation.

Adultery by the wife has been a long-standing defense to a suit for alimony. Williams v. Williams, 114 Ga. 772 (40 SE 782); 22 Mercer L. Rev. 156 (1971). The underlying assumption is that alimony arises out of the obligation of the husband to support and maintain his wife. If she causes the marital relationship to cease then she is not entitled to alimony payments by him.

Adultery, desertion, cruel treatment, or habitual intoxication can be some of the factors that come into play when dividing marital property. A Court can consider behavior, including adultery, as one factor in its decision-making process where equitable division of property is in issue. Bloomfield v. Bloomfield, 282 Ga. 108, 646 S.E.2d 207, 2007 Ga. LEXIS 421, 2007 Fulton County D. Rep. 1703. The conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible.
In Dekalb County Georgia, Douglas County Georgia, Fulton County Georgia, Cobb County Georgia, Gwinnett County Georgia, and anywhere within the State of Georgia the 13 rounds divorce for divorce are contained within O.C.G.A 19-5-3. Most divorces are granted based on O.C.G.A 19-5-3(13) the marriage is irretrievably broken, by agreement of the parties. A divorce granted on either O.C.G.A 19-5-(6) Adultery in either of the parties after marriage; or O.C.G.A 19-5-3(7) Willful and continued desertion by either of the parties for the term of one year will preclude an award of alimony. If your spouse cheated on you and that affair caused the divorce, you should not consent to a divorce based on O.C.G.A 19-5-3(13) unless the spouse who committed the adultery expressly waives their claim to alimony.

A spouse who has cheated on you and is also seeking alimony from you is playing hard ball; and you need a heavy hitter to protect you. You need Dan Palumbo. Call now to discuss your case. 470-275-1500

Adultery, desertion, cruel treatment, or habitual intoxication can be some of the factors that come into play when dividing marital property. A Court can consider behavior, including adultery, as one factor in its decision-making process where equitable division of property is in issue. Bloomfield v. Bloomfield, 282 Ga. 108, 646 S.E.2d 207, 2007 Ga. LEXIS 421, 2007 Fulton County D. Rep. 1703. The conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible.

In Dekalb County Georgia, Douglas County Georgia, Fulton County Georgia, Cobb County Georgia, Gwinnett County Georgia, and anywhere within the State of Georgia the 13 rounds divorce for divorce are contained within O.C.G.A 19-5-3. Most divorces are granted based on O.C.G.A 19-5-3(13) the marriage is irretrievably broken, by agreement of the parties. A divorce granted on either O.C.G.A 19-5-(6) Adultery in either of the parties after marriage; or O.C.G.A 19-5-3(7) Willful and continued desertion by either of the parties for the term of one year will preclude an award of alimony. If your spouse cheated on you and that affair caused the divorce, you should not consent to a divorce based on O.C.G.A 19-5-3(13) unless the spouse who committed the adultery expressly waives their claim to alimony. A spouse who has cheated on you and is also seeking alimony from you is playing hard ball; and you need a heavy hitter to protect you. You need Dan Palumbo. Call now to discuss your case. 470-275-1500