Cheating, or adultery, is a painful and difficult issue in many marriages. While the act itself may seem like a betrayal, is it also against the law in Georgia? Here’s a breakdown of Georgia’s laws regarding adultery and how it can impact divorce and other legal matters.
Is Adultery Illegal in Georgia?
Technically, adultery is illegal in Georgia. Under Title 16, Chapter 9, Section 9 of Georgia’s Criminal Code, a married person who has sexual intercourse with someone other than their spouse is committing adultery, which is classified as a misdemeanor.
However, while adultery is considered a criminal offense, no one has been prosecuted for adultery in Georgia for over 100 years. Law enforcement typically does not involve itself in cases of adultery.
How Does Adultery Affect Divorce in Georgia?
Adultery is also one of the 13 grounds for divorce in Georgia, as outlined in Title 19 of the Georgia Code. If adultery is proven, it can have significant consequences in a divorce case. These are some of the key areas where adultery can affect divorce proceedings:
1. Alimony
Adultery can impact the award of alimony. If the spouse who committed adultery is the one seeking alimony, they may be denied alimony if their infidelity is found to be the cause of the divorce. The court will evaluate whether adultery led to the dissolution of the marriage, and if so, the cheating spouse may not receive financial support.
2. Property Division
Georgia follows equitable distribution when dividing marital property, which means property is divided fairly but not necessarily equally. If a spouse is found to have spent marital funds on their affair (e.g., paying for gifts, hotel rooms, etc.), the court may grant a larger portion of the property to the non-cheating spouse.
3. Child Custody
While adultery generally does not directly affect child custody in Georgia, it could influence custody decisions if the cheating spouse’s actions were harmful to the child.
For example, if the affair led to inappropriate behavior around the children, this could be considered when determining the best interests of the child in custody matters.
Can You Go to Jail for Adultery in Georgia?
Although adultery is technically a misdemeanor in Georgia, no one has been criminally charged for adultery in the state for over a century.
Law enforcement typically does not get involved in adultery cases, and criminal prosecution for this offense is extremely rare. The legal consequences of adultery are more likely to be seen in the context of divorce rather than criminal court.
Does Cheating Affect Alimony in Georgia?
Alimony is financial support one spouse may be required to provide to the other after divorce. Under Georgia law, adultery can affect the award of alimony. If the spouse committing adultery is proven to have caused the divorce, they may be denied alimony, regardless of their financial situation.
However, there are two scenarios where adultery might not prevent alimony:
Absolution or Condonation: If the non-cheating spouse forgives the affair (through continued cohabitation or sexual relations), the court may grant alimony to the guilty spouse.
Adultery Didn’t Cause the Divorce: If the adultery wasn’t the main cause of the separation (e.g., other issues such as abuse or addiction), the court may still grant alimony.
Does Cheating Affect Child Custody in Georgia?
In most cases, adultery does not directly affect child custody in Georgia. However, if the cheating spouse’s actions involved exposing the children to inappropriate behavior or environments, it could influence the custody decision.
The court always considers the best interests of the child, and any behavior that harms the child could weigh against the offending spouse.
What Are the Consequences of Adultery in Georgia Divorce?
Adultery can complicate divorce proceedings, making them more emotionally charged and contentious. Here are some key consequences of adultery in a Georgia divorce:
If the adultery was committed to end the marriage (i.e., the cheating spouse wanted a divorce), it could impact the court’s decisions.
If both spouses committed adultery, it may not significantly affect the divorce outcome.
If the spouses have an open marriage (meaning both partners consented to the affair), adultery may not be considered grounds for divorce.
Statute of Limitations on Adultery in Georgia
The statute of limitations for misdemeanor offenses, including adultery, in Georgia is 2 years. However, Georgia is a no-fault divorce state, meaning you do not need to prove adultery to file for divorce.
If you do want to file for a fault-based divorce based on adultery, it’s best to consult with a lawyer, as there are complex legal issues involved.
Is Sexting Considered Adultery in Georgia?
Under Georgia law, adultery is defined as extra-marital sexual intercourse. This means that activities such as sexting, kissing, or oral sex are not legally considered adultery.
However, text messages and other communications can be used as evidence in a divorce case to support allegations of adultery. The court may subpoena phone records to obtain incriminating messages, which can help strengthen your case.
While cheating on your spouse in Georgia is technically considered a criminal offense, it is rarely prosecuted. The legal consequences of adultery are more often felt in divorce proceedings, where it can affect alimony, property division, and child custody.
If you’re dealing with adultery in a divorce, it’s important to consult with an experienced family law attorney to understand how it may affect your case and your rights.
