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3 ways infidelity can affect a Georgia divorce

Marriages can end for any number of reasons. One particularly common reason that people decide to file for divorce is when one party has been unfaithful.

Whether infidelity was an isolated incident or ongoing affair, it can cause irreparable harm to the marital union. In these situations, adultery can lead to divorce; it can also affect multiple issues parties must resolve in a divorce. 

Property division

Marital misconduct is one of the many factors Georgia courts consider when dividing marital assets. It is especially relevant if the adulterous party used substantial marital funds or resources to support the outside relationship.

For instance, if your soon-to-be ex spent shared money on airfare, hotels, gifts or vacations for the other party, he or she could receive a smaller portion of the estate upon divorce. 

Child custody

Being unfaithful to a spouse does not make a person a bad parent. However, engaging in marital misconduct -- especially when it is unsafe or reflective of especially bad judgment -- can change how the courts view a person. 

Further, the parent who was cheated on can be less agreeable regarding custody or parenting terms. A parent who strayed may find it more difficult to get an ex to agree to equal parenting time; he or she might also face requests to keep the children away from intimate partners for some time as part of a parenting agreement.


Adultery also plays a role in the determination of alimony. State laws bar a person from receiving alimony if his or her adultery led to separation or divorce.

On the other hand, if you are seeking alimony from your ex, know that his or her infidelity is not a guarantee that you will receive support. Marital misconduct is just one factor that courts consider when determining alimony. That said, it is something the courts will examine.

Dealing with adultery in your divorce

These are just a few ways adultery can affect the divorce process in Georgia. It can also make the split more contentious and bitter. Under such circumstances, it can be crucial for both parties to have legal counsel as they navigate this complicated event.

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