Adultery as Legal Grounds for Divorce in Suwanee

There is no question that infidelity is one of the most common reasons for the breakdown of a marriage. It can also serve as grounds for a divorce. That said, it is important to remember that state law allows a couple to end their marriage through a “no-fault” process where neither side is required to prove the other is to blame.

Whether you use adultery as legal grounds for divorce in Suwanee is your decision to make. However, this decision can impact many issues, from how contentious the case is to the outcome of marital property division. A skilled divorce attorney from our firm can help you weigh your options and determine the best course for your particular circumstances.

Using Adultery as Grounds for Divorce

Adultery is one of the many potential grounds for fault-based divorce in Suwanee. What is challenging about this approach to dissolving your marriage is that you must be able to prove infidelity occurred. This evidence goes beyond any kind of emotional betrayal or general suspicion of dishonesty. To succeed, you need evidence establishing your spouse had sexual relations with another person. Even proof that they were in some kind of inappropriate non-sexual relationship with someone else is insufficient.

The context of an act of infidelity is also important. Adultery can only serve as grounds for divorce in situations where it leads to the breakdown of the relationship. For example, you could not use these acts as the basis for your divorce petition if they occurred after you had already separated from your spouse. Additionally, a family judge could deny a petition if there is evidence that you forgave your spouse. Any evidence that you accepted or condoned the behavior could block you from using it as grounds.

Do I Have to Pursue a Fault-Based Divorce?

Georgia is a no-fault divorce state, but it also retained its original fault-based grounds. While you have the option to rely on allegations of adultery when filing your Suwanee divorce petition, you are under no obligation to do so. This is because the person who files to dissolve a marriage has the opportunity to pursue either approach so long as the grounds exist.

For most couples, the no-fault approach is much easier. Instead of fighting over who was to blame, each side needs only to agree that the relationship is irretrievably broken. That means any chances of reconciliation are gone, and the marriage is beyond repair.

Only you can determine if this approach is right in your case. The decision to pursue a no-fault divorce might seem simpler on the surface, but it might not be in your best interest in the long run. For example, proving infidelity could play a part in the financial aspects of these proceedings. Specifically, a spouse who was found to be unfaithful is barred from receiving alimony outside of a few exceptions. Our trusted team can help you determine which option makes the most sense for your situation.

Discuss Adultery as Grounds for Divorce With Our Suwanee Attorneys

Determining the right approach for ending your marriage can be tough, especially on your own. While you might be able to use adultery as legal grounds for divorce in Suwanee, it is helpful to discuss all of your options with legal counsel first. Contact us right away for a private consultation.