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A person commits adultery when he or she has sexual intercourse under Georgia law

A person commits adultery when he or she has sexual intercourse with a person other than his or her spouse (both extramarital heterosexual and homosexual relationships constitute adultery) under Georgia law. See, Owens. v. Owens , 247 Ga. 139 (1981). It really is a complete club to any alimony claim in case it is the explanation for the separation and contains avoided reconciliation. O.C.G.A. 19 6 1(b). Anderson v. Anderson , 273 GA. 886, 230 S.E.2nd 272 (1976). See additionally, Vereen v. Vereen , 284 Ga. 755, 756, 670 S.E.2d 402, 404 (2008) (to demonstrate lack of entitlement to alimony, spouse must establish by way of a preponderance regarding the evidence that the separation involving the ongoing events had been due to one other celebration’s adultery or desertion).

Exactly Exactly Just How can it Influence My Breakup?

Adultery is most crucial whenever a cheating partner is trying to get alimony or lawyer’s costs. For instance, then she may be barred from receiving alimony or attorney’s fees in the divorce if a stay at home wife, or a wife who has comparatively less income than her husband, has cheated. Into the situation that is classic the spouse has cheated, this is a “conduct” aspect in the unit of home and an evidentiary problem within the prize of alimony. Continue reading