As we continue our series covering the thirteen statutory grounds to get a divorce in Georgia, here is reason #6.
Reason #6: Your spouse cheated on you.
Adultery is one of the more common reasons spouses seek divorce in Georgia. Although adultery is often one of the precipitating factors leading to separation and divorce, many fail to realize that adultery may serve as a grounds for divorce even if the affair took place after the parties were separated. The section of Georgia law that allows for divorce on the grounds of adultery specifically permits Georgia courts to grant divorce based on “Adultery in either of the parties after the marriage.” O.C.G.A. § 19-5-3(6). Thus, if either spouse has sexual intercourse with a third party at any point after the marriage, including during periods of separation, the aggrieved spouse may seek a divorce based on philandering spouse’s adultery.
With the above in mind, if your spouse has engaged in an extramarital sexual affair during your marriage, you should consider seeking divorce based on this sixth reason to divorce in Georgia. For more information on how to begin the divorce process in Georgia and regarding what evidence must be presented to the court in order to successfully prove your spouse’s adultery during divorce, contact your Atlanta Divorce Team today.