The breakup of a marriage is an emotional and often stressful experience. If one spouse engaged in extramarital relations, this breach of trust can add another layer of complications to the proceedings. That is because adultery is considered grounds for an at-fault divorce in the state of Georgia.
Our experienced family lawyers at the Atlanta Divorce Law Group can explain the legal implications of adultery in Georgia divorce proceedings to give you a better understanding of its potentially costly ramifications.
The purpose of alimony payments is to provide your spouse with financial support and promote self-sufficiency after the marriage has ended. It is typically awarded after a long marriage where other factors—such as age, health, and ability to earn a livable income—may also be relevant. However, if your spouse is responsible for having an affair and that action led to your separation, they may be barred from collecting alimony after a divorce in Georgia.
Georgia has an equitable division policy when it comes to marital property, although that does not always mean all of your assets are awarded 50/50. When infidelity is a factor in divorce proceedings, there are additional legal ramifications to consider. A family court judge may award the non-adulterous spouse a larger share of you and your spouse’s joint property.
However, adultery does not directly affect non-marital property. For example, if you received an inheritance, those assets would likely be exempt from property division, even if infidelity was a factor that led to the dissolution of your marriage. However, this is only true if you kept the funds separate from joint accounts and did not use them to purchase marital property, such as your home.
Within Georgia’s family court system, voluntary sexual relations outside of the marriage does not usually affect child support payments, especially if it was a single encounter. The judge’s primary concern is the best interests of your children.
However, if your kids were adversely affected by the affair, exposed to inappropriate behaviors, or neglected due to this new relationship, family court may not look at the adulterous parent favorably during divorce proceedings. Therefore, yes, those harmful actions can ultimately affect decisions about custody and visitation.
Our knowledgeable attorneys at the Atlanta Divorce Law Group have experience with the legal implications of adultery in Georgia. Our compassionate team of lawyers understands our state’s family court laws and how to negotiate on your behalf.
We are looking forward to discussing your unique situation, especially if you or your spouse were unfaithful during the marriage. Contact us today for a free consultation with a member of our intake team and learn how we can help.
Our experienced Atlanta, Georgia divorce and family lawyers understand that divorce may be a complicated, emotional time for you. Many important decisions need to be made that consider your current situation as well as your future.
An attorney can work to help you emerge from your divorce in a better financial, legal, and personal situation than you may have imagined. Call today to schedule a consultation.
