Is Adultery Illegal in the State of Georgia?
While adultery isn't explicitly outlawed as a criminal offense in Georgia, it does hold legal significance in specific contexts, primarily within divorce proceedings. Understanding the legal implications of adultery in Georgia requires separating its impact on criminal law from its role in family law.
The Short Answer: No, adultery is not a crime in Georgia. You won't face arrest or jail time for it. However, it can significantly affect divorce proceedings.
What are the Legal Implications of Adultery in Georgia?
This is where things get more complex. While adultery itself isn't a criminal offense, its effects are felt mainly in divorce cases. Georgia is a "no-fault" divorce state, meaning you don't need to prove fault (like adultery) to get a divorce. However, evidence of adultery can influence several aspects of the divorce process:
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Alimony: In Georgia, adultery can be considered when determining the amount and duration of alimony (spousal support). While not automatic, a judge may consider the adulterous spouse's actions when deciding whether to award alimony and how much to award. The judge weighs several factors, and adultery is just one piece of the puzzle.
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Child Custody and Visitation: Adultery alone doesn't automatically impact child custody or visitation rights. The court’s primary focus is the best interests of the child. However, if the adultery involves risky behavior or compromises the child's well-being, it could indirectly affect custody or visitation arrangements. This is more likely if the affair directly impacts the child's safety or stability.
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Division of Marital Property: While adultery isn't a direct factor in the equitable division of marital assets, evidence of it might be considered in exceptional circumstances, particularly if the adultery involved the misuse of marital funds or assets.
Is it ever a crime to have an affair?
While the act of adultery itself isn't illegal, related actions could be. For instance:
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Bigamy: Marrying another person while still legally married to someone else is a criminal offense in Georgia.
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Prostitution: Engaging in prostitution or soliciting prostitution is illegal. If an adulterous relationship involves prostitution, those involved could face criminal charges.
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Other Crimes: Actions committed in the course of an affair, such as stalking, harassment, or violence, would be separate criminal offenses.
What Constitutes Adultery in Georgia Divorce Cases?
To be considered adultery in a Georgia divorce case, the relationship generally needs to involve:
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Voluntary sexual intercourse: It must be a consensual act.
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Between a married person and someone who isn't their spouse: The act must be outside the bounds of the marriage.
The burden of proof rests on the spouse alleging adultery. They need to present credible evidence to the court to support their claim. This evidence could include eyewitness testimony, photos, text messages, or other communication.
Can I Sue My Spouse for Adultery?
You can't sue your spouse for adultery in Georgia for monetary damages. While adultery can influence certain aspects of a divorce, it doesn't automatically grant a financial award. The focus remains on the equitable division of assets and other factors relevant to a fair and just divorce settlement.
In conclusion, while not a crime in Georgia, adultery can have significant consequences in divorce proceedings. It’s crucial to seek legal counsel from a qualified Georgia family law attorney to understand your specific rights and options. They can provide personalized advice based on your individual circumstances.
