Adultery as Legal Grounds for Divorce in Atlanta, GA
If your spouse has been unfaithful during the marriage, you can claim adultery as legal grounds for divorce in Atlanta, GA. This enables you to prove that your spouse did not respect the boundaries of marriage and that you deserve a divorce because of their misdeeds. You can attempt to end the marriage by filing the legal paperwork on your own; however, doing so with the guidance of a skilled divorce attorney ensures your best interests are protected.
Fault-based divorces are much more complex than no-fault divorces, often requiring extensive legal research and trial preparations to complete. Our experienced team can support and guide you throughout the process of legally ending your marriage, ensuring that you understand and can exercise your legal rights.
When Is Adultery Not Grounds for Divorce?
Georgia law allows a spouse to allege adultery as the legal basis for a divorce in Atlanta, GA, but there are limits. If both spouses are guilty of the same conduct, Georgia courts may prevent them from citing this reason for ending their marriage. Additionally, if both spouses consented to the affair, one spouse cannot later use it as justification for getting a divorce.
The law includes other exceptions to this rule as well. For example, if the spouses willingly reconciled or lived together after the behavior came to light, they cannot legally end the marriage based on adultery.
Our firm understands the complex laws involved in fault-based divorces. We can help a spouse who wishes to use adultery as legal grounds for their Atlanta divorce by researching the applicable laws, reviewing the details of the situation, and stitching together legal arguments to present in family court.
How Does Someone Prove Adultery in a Georgia Divorce?
Ending a marriage in Georgia by asserting adultery as the legal ground for the divorce requires the person to prove the affair took place. They can do so by collecting evidence including:
- Phone records between the allegedly unfaithful spouse and the person they cheated with;
- Photographs or videos of the spouse having the affair;
- A confession (such as text messages or testimony);
- Financial records (such as hotel reservations).
Typically, a spouse would gather this information by hiring a private investigator, requesting records from the other spouse, or using other methods during the court case. Once they have the evidence to support their claim, they can present the materials at a trial before the judge or a jury. Obtaining and presenting this information in the most efficient way is a lot easier with the help of a trusted divorce attorney from the Atlanta Divorce Law Group.
Call An Atlanta, GA, Attorney for Help Proving Adultery as the Legal Basis for Divorce
Getting a divorce can be emotionally draining, especially if the separation is because someone cheated. Because Georgia allows spouses to assert fault-based reasons for divorce (such as infidelity), you will likely have to participate in a trial if you claim adultery as legal grounds for divorce in Atlanta, GA. Our highly skilled firm has the knowledge and training to prepare you and your case for the courtroom or mediation.
Our team of family law attorneys appreciates the unique challenges those getting a divorce face and are here to lift your voice during the divorce process. Call us today for legal help.
