Georgia law defines adultery as a married person having sex with someone other than their spouse during the marriage. An adultery divorce petition can follow alleged infidelity by the other party as grounds for divorce. If you have found yourself in these difficult circumstances, you could benefit from the guidance of an experienced divorce attorney. Let an Atlanta adultery divorce lawyer help you assess the details of your case and examine the circumstances that led to the alleged infidelity.
Atlanta courts usually look at adultery as part of a marriage’s problems and not the cause of the breakup thereof. Most of the time, a marriage that ends with infidelity was already having issues that lead one of the parties to start a relationship with someone else before getting a divorce. Regardless of how the adultery fits into the marriage, a qualified Atlanta adultery divorce lawyer could help examine the legal implications of spousal disloyalty.
Divorcing couples can seek mediation when they cannot agree on the terms of the divorce. Mediation plays a role in nearly every divorce case unless the parties can settle on their own. Litigation occurs when the parties cannot settle on their own, and their case goes to trial.
Adultery can significantly affect the division of assets. When infidelity is cited as the cause of separation, the court can take that into consideration when dividing up the marital estate. Under equitable division laws, the court can award assets 50/50 or anything in between. In cases where adultery is the cause of a divorce, the person committing adultery is barred from receiving alimony.
Adultery does not usually affect child custody unless the cheating parent brings the paramour around the children. Judges try to determine whether the adulterer can be a good parent even though the party is considered a poor spouse.
Adultery can be proven by either the admission of the other party or other evidence. For example, private investigators could be hired to follow spouses and catch them with their boyfriend or girlfriend. Cell phone records, text messages, emails, social media, and photographs can also come into play when proving adultery.
A case alleging adultery can also be substantiated by a lot of circumstantial evidence, such as photographs of two people kissing, credit card charges at jewelry stores, personal videos, records of late-night phone calls and text messages, or airline tickets and hotel stays. Regardless of the types of evidence that a claimant may have, the right adultery divorce lawyer in Atlanta could help build a case that proves adultery.
Cheating on a spouse after vowing life-long loyalty can create more than just emotional problems between spouses. If non-committal behavior has disrupted your marriage, do not hesitate to reach out to skilled legal counsel. An Atlanta adultery divorce lawyer could help you investigate the actions of your spouse to determine which legal course could best serve you and your family’s needs. Schedule an appointment today to get started.