When unfaithfulness creeps into a relationship, you may feel angry, hurt, vengeful, or even depressed as a result of the betrayal. In some cases, overcoming the emotional turmoil and finding a way to save the relationship is still possible. Sometimes, walking away from it may be the only option to save yourself. Cheating can become the basis for initiating a divorce in Georgia. It can also influence some aspects of the divorce, so if you intend to have an upper hand in a divorce with an unfaithful spouse, this guide highlights some legal issues you may want to consider and use to your advantage.

You Can Use It as the Basis for Your Divorce

Georgia divorce laws allow for no-fault and fault-based divorces. Under no-fault divorces, the separating parties only need to express that their marriage is irreparably broken, making it the easiest option. Most divorcing couples go for the no-fault option because of its simplicity, as explained by attorney Shawna Woods. If you have to go through a fault-based divorce where cheating is a factor, you may want to involve a family lawyer to increase the odds of a better outcome.

But if you are looking to use your spouse’s cheating to get the upper hand in divorce, you may want to go with a fault-based divorce, where you must produce evidence to show that the other spouse’s actions were the reason the marriage has to end. 

It Can Affect Alimony 

In Georgia, the higher-earning spouse may have to pay alimony to the lower-earning spouse. If adultery was a factor in a divorce and provable in court, the spouse who is guilty of adultery may not be eligible for alimony.

However, there are exemptions to this rule. The first exemption is condonation or absolution. A spouse doesn’t have to express forgiveness. Instead, the court relies on perceptions such as continuing to have a sexual relationship after the fact or continued cohabitation even with the knowledge of the cheating.

Also, adultery must have been the cause of the divorce. If not, the cheating spouse may still have a right to alimony.

Effect on Child Custody

Georgia family laws put the best interests of the child first. As such, cheating may not have a significant impact on child custody orders, but it could be a consideration. For example, if the cheating spouse continues to live with the person they cheated with, the court may deem such an environment as not being in the child’s best interests. 

Another situation that would affect the cheating spouse’s chances of getting custody would be if the child were at any point exposed to inappropriate behavior. Getting the upper hand on custody cases based on cheating can be pretty tricky, as cheating in itself doesn’t make the cheating parent a bad one, so you may have to work with a family lawyer to make a strong case.

Effect on Division Of Property

Georgia applies an equitable distribution of property in a divorce. As such, the parties don’t get half of the resources each. Instead, the court determines a fair division while considering factors like a spouse’s financial status. 

A divorce in itself cannot affect the distribution of marital property. However, suppose there is evidence to show that the charging party used family resources to finance an adulterous affair. In that case, the court can consider the expenses when making property division decisions.

Conclusion

Dealing with the legal implications of a spouse’s infidelity can be challenging, but understanding Georgia’s divorce laws can help you navigate the process effectively. From choosing the appropriate grounds for divorce to addressing alimony, child custody, and property division, adultery can influence several aspects of the proceedings. While proving fault-based grounds like cheating may provide advantages, it also requires substantial evidence and legal expertise. 

Working with a family lawyer can ensure your rights and interests are protected throughout the process. By staying informed and seeking professional guidance, you can work towards achieving a fair resolution and moving forward with confidence.