In Georgia, you do not need to prove fault in order to get a divorce. However, sometimes proving fault is advantageous for one spouse. A fault-based divorce is one in which the person filing for divorce must prove that their spouse is at fault for the dissolution of the marriage.
Georgia’s law allows divorcing couples to cite one of 13 grounds for a divorce. Some grounds for a fault-based divorce include adultery, desertion, mental cruelty, and physical abuse. While it may seem like additional stress to have to prove your spouse’s faults, there are actually some benefits to this type of divorce.
One benefit is that it can help you move on from the marriage faster. When you know that your spouse is responsible for the end of your marriage, it can be easier to let go and start anew. This provides much-needed closure after a traumatic experience, such as infidelity or abuse.
Other benefits include the possibility of lower alimony payments and better property division. Proving fault can also affect child custody in some cases.
Do I Still Need to Pay Alimony After My Spouse Cheats?
If you are in the midst of a divorce and your spouse is cheating on you, you may wonder if you will still need to pay spousal support. The answer to this question depends on the state in which you reside. In Georgia, for example, adultery can be used as grounds for terminating alimony payments.
Under Georgia law, adultery is considered a form of marital misconduct. This means that if your spouse has cheated on you, the court may find that they are at fault for the breakdown of the marriage. As a result, the courts may rule that they are not eligible to collect alimony or spousal support.
Gathering the Evidence to Prove Adultery
However, it should be noted that proving adultery can be difficult. You will need to provide evidence that your spouse cheated on you and that this was the reason for the breakdown of your marriage. If you are unable to do this, the court may not consider terminating your alimony payments.
If you are considering divorce in Georgia, and adultery is one of the grounds you plan to cite, it is important to understand what type of evidence is necessary to prove your case. In general, courts require more than just a spouse’s admission of infidelity to grant a divorce on these grounds.
To start with, you can’t simply use hearsay. You must clearly show that your spouse committed adultery. For example, if your best friend told you she saw your husband cheating on you, that is not enough to convince the courts. You would need to show additional clear and compelling evidence.
While your best friend’s eyewitness testimony is a part of the evidence you might submit, it is best to gather as much evidence of the affair or the infidelity as you can. This may include hotel receipts, photographs, credit card statements, and video surveillance. Without this type of evidence, it may be difficult to convince a judge that adultery occurred.
To gather this evidence, many individuals turn to an experienced Atlanta divorce attorney to help them. You may be able to hire a private investigator to take pictures or videos of your spouse committing adultery. Likewise, your attorney may gather other evidence, such as emails, text messages, and hotel receipts. An attorney can also help you gather evidence to support your case and ensure that your rights are protected throughout the divorce proceedings.
If you are considering a fault-based divorce, it’s important to speak with an experienced attorney who can help you navigate the process. Contact an attorney today to learn more about how a fault-based divorce could benefit you.
Call Our Experienced Atlanta Family Law Attorneys
At Hobson & Hobson, P.C., our Georgia divorce attorneys know that cheating can permanently destroy a marriage and complicate the divorce process. If your spouse cheated, we can help you evaluate all your legal options to help you choose the one that is best for you. From the very start, our attorneys will help you gather evidence and protect your rights throughout the divorce process. We know how difficult this is, and we strive to make it as easy as possible.
If you are considering a divorce in Atlanta, we can help. Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation, so you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
