My Wife Cheated on Me. Does This Fact Affect Property Division in Our Divorce?
Under Georgia law, there are 13 different grounds for divorce. There is one no-fault ground for divorce, which is that the marriage is “irretrievably broken.” In order to qualify for the no-fault ground, neither party is required to prove any reason for the divorce, nor that one of the spouses committed some sort of wrongdoing. One party must simply state that he or she believes that the marriage is irretrievably broken, and the divorce will be granted. The other 12 grounds for a Georgia divorce are fault-based. This means that the spouse who is asking for the divorce must prove that a fault-based reason occurred in order to get divorced. One of these grounds does require a showing of adultery by one party. Therefore, an individual whose spouse has cheated on him or her can allege adultery as a legal basis for the divorce being granted.
In the State of Georgia, adultery, or other fault or bad behavior during the marriage can, and is, considered in the equitable division of property. There is no fixed rule as to how this is done, and sometimes it will be utterly ignored by the court, but marital fault (such as adultery) is always relevant on the issues of alimony, and on the issues of equitable division of property and debt.
If you wish to discuss the potential property division that may result from your divorce, as well as other possible legal consequences, the Shaw Law Firm, LLC, can assist you. Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.