Is Adultery a Legitimate Cause For Divorce?

Divorce is one of the most stressful events in your life. According to the Help Guide, divorce is a highly stressful, life-changing event that can significantly impact your mental health.

People get divorced for a number of reasons, and adultery is one of them.

According to Love To Know., infidelity is the cause of 20 to 40 percent of divorces in the United States every year. If you live in Georgia and your spouse has been unfaithful, you should know your rights and how to proceed.

Fault or No-Fault?

Georgia is a no-fault divorce state, and many couples cite irreconcilable differences, meaning no one is at fault for the end of the marriage. However, if your spouse was cruel or cheated, these issues can be brought up during the divorce, and your divorce in Georgia Fulton County will be an at-fault divorce, with your spouse as the at-fault party.

What Type of Evidence Do You Need To Prove Adultery?

If your spouse cheated, you can’t go to court with only your accusations, as it will be your word against your spouse’s. If you want the judge to take your claim seriously, you will need to prove your spouse cheated. The evidence necessary to prove adultery includes:

• Photos of your spouse with the other person
• Video recordings of your spouse cheating
• Phone records
• Bank statements
• Credit card statements
• Witness testimony
• A private investigator’s report and testimony

In Georgia, you don’t have to prove that your spouse has sexual relations with another person. You only need to prove that your spouse had the opportunity and desire to commit adultery, and it is best to try to gather the evidence before filing for divorce in Fulton County.

How Can Adultery Affect the Divorce Process and Alimony?

If your spouse was unfaithful and you have proof, it can significantly impact your final divorce settlement. For example, if you make more money than your spouse, they can ask for alimony.

According to Divorce Net by Nolo, alimony can be ordered for a specific amount of time. In some cases, alimony can last until the supported spouse remarries or dies.

If your spouse cheated and is asking for alimony, their request for alimony will be denied as long as you didn’t forgive them and continued living together as a married couple.

How Can Your Attorney Help?

If you file for divorce because your spouse was unfaithful, your Fulton County divorce lawyer can help in several ways.

• If you don’t have enough proof that your spouse was unfaithful, your divorce attorney Fulton County can hire a private investigator to gather photos, videos and recordings to prove your spouse was unfaithful.
• Your divorce attorney is essential in dividing the marital property and assets. If your spouse spent the marital funds on gifts, hotel rooms or trips for the person they cheated with, it will affect the way the assets are divided. Your lawyer will make sure the assets are divided based on your spouse’s infidelity.
• If your children were directly exposed to your spouse’s infidelity and inappropriate things, it could affect the custody arrangement. Your Fulton divorce attorney will get the proof they need that your spouse put your children at risk during the affair, and the custody arrangement will be in your favor. However, adultery will never affect child support.
• When your lawyer has enough evidence against your spouse, they will create a strong case to present to the court, proving they were unfaithful, affecting the split of the marital property, alimony and the child custody and visitation order.

Finding out your spouse has been unfaithful can be traumatizing. Not only did they cheat, but they also caused your marriage to end. If you want the judge to order in your favor, you will need an experienced divorce lawyer to prove your spouse cheated so they can present the evidence in court. Proving your spouse has been unfaithful can prevent you from paying your spouse alimony for years, and the judge will be more likely to rule in your favor when creating a custody agreement and dividing the marital assets. A lawyer can prevent you from being your spouse’s victim again during the divorce. If you need a lawyer to help with your divorce in Fulton County GA, call North Georgia Family Lawyers, LLC.