Adultery is a topic that often arises during divorce and family law consultations. At Hobson & Hobson, P.C., we believe in providing clear, current, and practical guidance to help our clients make informed decisions during challenging times. If you’re wondering, “Is adultery a crime in Georgia?” or how it might impact your divorce or custody case, this article offers a comprehensive, client-focused overview.
Is Adultery a Crime in Georgia?
Adultery is technically a crime in Georgia, classified as a misdemeanor under Georgia Code Title 16, Chapter 9, Section 9. The law defines adultery as a married person voluntarily engaging in sexual intercourse with someone other than their spouse. Theoretically, this offense is punishable by up to one year in jail and a $1,000 fine.
However, criminal prosecution for adultery is virtually nonexistent. There have been no known criminal cases in Georgia involving adultery in the past century. Law enforcement and prosecutors do not actively pursue these cases, and the law remains largely symbolic. Its primary significance today lies in its impact on civil family law matters, rather than criminal court.
For more on Georgia’s adultery statute, see the Georgia Code.
Adultery and Divorce in Georgia
While criminal charges are rare, adultery can play a pivotal role in divorce proceedings. Georgia recognizes adultery as one of thirteen fault-based grounds for divorce. This means that if one spouse can prove the other committed adultery, it can influence the outcome of the divorce in several key ways:
1. Property Division
Georgia follows the principle of “equitable division” for marital property. While this does not always mean a 50/50 split, the court strives for fairness. Adultery may be considered if it contributed to the breakdown of the marriage or involved the misuse of marital assets. For instance, if a spouse spent significant marital funds on an extramarital relationship, the court may adjust the property division accordingly.
2. Alimony and Spousal Support
One of the most significant legal consequences of adultery in Georgia is its effect on alimony. A spouse who has committed adultery may be barred from receiving alimony if the affair is proven to be the cause of the marriage’s breakdown. This rule is strictly enforced, and courts require clear evidence that the adultery directly led to the separation.
3. Child Custody
While adultery itself does not automatically affect child custody, the court may consider it if the affair impacts the children’s well-being or the parent’s ability to provide a stable environment. For example, if a parent’s new relationship exposes children to unsafe situations, this could influence custody decisions.
4. Attorney’s Fees
In some cases, the court may order the spouse who committed adultery to pay the other’s attorney’s fees, especially if the affair caused unnecessary litigation or financial hardship.
Proving Adultery in Georgia Divorce Cases
To successfully claim adultery as a ground for divorce, Georgia courts require a two-pronged test:
- Proof of Voluntary Sexual Intercourse: There must be credible evidence of a sexual relationship outside the marriage.
- Causation: The adultery must be shown to have caused the separation or breakdown of the marriage.
Evidence can include witness testimony, photographs, text messages, emails, or financial records. At Hobson & Hobson, we guide clients through the process of gathering and presenting this evidence, always with respect for privacy and dignity.
For more details on evidence and fault-based divorce, see FindLaw’s Georgia Divorce Laws.
Adultery as a Misdemeanor: What Does the Law Say?
- Statute of Limitations: There is a two-year statute of limitations for prosecuting adultery as a misdemeanor in Georgia.
- Punishment: Theoretically, up to one year in jail and a $1,000 fine.
- Enforcement: No recent or notable criminal prosecutions; the law is not actively enforced.
For a deeper look at the legal text, visit the Georgia General Assembly.
How We Handle Adultery in Divorce and Family Law Cases
At Hobson & Hobson, P.C., we leverage over 30 years of combined experience to help clients navigate the complexities of adultery in divorce and custody cases. Our approach is:
- Client-Centric and Supportive: We understand the emotional toll adultery can take. Our attorneys provide empathetic guidance while protecting your legal interests.
- Innovative and Efficient: We use advanced technology for evidence collection, case management, and communication, ensuring a seamless client experience.
- Aggressive Advocacy When Needed: If your case requires litigation, we are prepared to assertively defend your rights and financial interests in court.
- Transparent and Informative: We keep you informed at every stage, explaining how adultery may impact your case and what outcomes you can expect.
Our five convenient office locations in Atlanta, Canton, Marietta, Alpharetta, and Roswell allow us to serve clients throughout North Georgia. Learn more about our services at thehobsonlawfirm.com.
Recent Developments and Notable Cases
There have been no significant changes to Georgia’s adultery laws in recent years, and no notable criminal prosecutions. The law remains unchanged, and its application is almost exclusively within the context of family law.
Professional Advice for Clients Facing Adultery Issues
- Consult Early: If you suspect adultery or have been accused, consult with a family law attorney as soon as possible. Early legal advice can help protect your rights and set realistic expectations.
- Gather Evidence Legally: Avoid illegal surveillance or privacy violations. Our team can advise on lawful methods for collecting evidence.
- Prioritize Children’s Well-Being: If children are involved, focus on their best interests. Courts prioritize stability and safety above all else.
- Consider Mediation: Many adultery-related divorces can be resolved amicably through mediation, saving time, money, and emotional strain.
For more on mediation and family law best practices, see the American Bar Association’s Family Law Section.
Frequently Asked Questions
Is adultery a crime in Georgia?
Yes, adultery is technically a misdemeanor crime in Georgia, but it is almost never prosecuted. Its primary impact is in divorce and family law cases.
Can adultery affect alimony or property division?
Absolutely. If adultery is proven to be the cause of the marriage’s breakdown, the cheating spouse may be barred from receiving alimony and could receive a smaller share of marital property.
Does adultery impact child custody?
Not automatically. However, if the affair negatively affects the children’s well-being or the parent’s ability to provide a stable home, it may be considered by the court.
How do I prove adultery in a Georgia divorce?
You need credible evidence of voluntary sexual intercourse outside the marriage and proof that it led to the separation. Our attorneys can guide you through the process.
Should I file for divorce on the grounds of adultery?
This depends on your unique circumstances. Fault-based divorce can offer strategic advantages but also requires clear evidence. We can help you evaluate your options during an initial consultation.
Conclusion
While adultery is still technically a crime in Georgia, its real significance is in the realm of family law. At Hobson & Hobson, P.C., we combine decades of experience, innovative legal technology, and a client-first approach to help you navigate the legal and emotional complexities of adultery in divorce and custody cases. If you have questions or need guidance, contact us today for a confidential consultation.
References & Further Reading:
- Georgia Code on Adultery
- FindLaw: Georgia Divorce Laws
- Georgia General Assembly
- American Bar Association: Family Law Section
- thehobsonlawfirm.com
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.
